Lantz v. Cole

This action was begun by the plaintiff as administrator with the will annexed of the estate of George Locke, deceased, to recover possession of a lot of land in the city of Los Angeles, together with damages for the withholding of possession by the defendants. The defendants named in the complaint are the trustees and the pastor of the Brooklyn Heights Congregational Church, an unincorporated religious association. They answered asserting, among other defenses, the right to occupy the premises under a lease and option of purchase from one George Rheinschild to the defendants' predecessors as trustees of the church.

After the filing of the answer, Rheinschild (whose claim was based on sales for nonpayment of street improvement bonds) intervened to unite with defendants in resisting plaintiff's claim. He alleged, in addition to matters contained in the answer of defendants, that he was the owner in fee and entitled to possession of the property described in the complaint. He set up the pendency of another action brought by the present plaintiff against himself and one Fishburn as defendants. Rheinschild's complaint in intervention was filed in March, 1908. He died in September, 1911. By supplemental answer, filed in June, 1912, the executrix of his will alleged that the action of Lantz v. Fishburn and Rheinschild, the pendency of which had been set up in the complaint in intervention, had been finally decided by the district court of appeal for the second appellate district, which court had directed the trial court to enter judgment that Rheinschild held title to the lot in question, subject only to the right of plaintiff to redeem within the time allowed by law. It was further alleged that the superior court had, pursuant to the mandate of the court of appeal, entered its judgment finally adjudging the title to said lot to be in Rheinschild, his heirs and legal representatives, "with only the right in the estate of Locke to redeem from the effect of said sales."

In the present action, the court found that Locke, up to the time of his death, was the owner of the land; that his estate *Page 247 had since his death owned the land subject to the sales above mentioned; that the defendants in April, 1902, wrongfully entered upon the land and ousted plaintiff therefrom and have ever since withheld possession from him, to his damage in the sum of $106. It is further found that the sales of said lot to Rheinschild, made in the year 1907, were valid but that no valid deed had been issued upon said sales.

The judgment was that the lot is owned in fee by the estate of Locke, subject to the sales made July 9, 1907, to George Rheinschild, that plaintiff as administrator is entitled to, and do, recover the possession, and that the plaintiff have and recover from the defendants the sum of $106 and costs.