Sormano v. Wood

MELVIN, J.

Plaintiff was successful in an action to- quiet title to certain real property in the county of Los Angeles. One of the defendants, J. H. Smith, has appealed, bringing here the judgment-roll alone.

The complaint is in the usual form and contains the allegation that plaintiff “is now and for many years last past has been the owner and in the possession of that certain real property,” which is described in detail. Luther B. Wood and J. H. Smith (now appellant) answered, denying plaintiff’s ownership in the property or any part thereof and setting up their alleged "ownership in fee to all of it. By way of cross-complaint they averred that they were tenants in common to the fee.

Plaintiff answered their cross-complaint,. again averring his claim of interest in the property.

Defendant Loop answered the complaint and alleged his ownership of the described property by virtue of a certain tax deed.

All of the pleadings above described were filed in March and April, 1912. In May, 1915, J. H. Smith filed an amended answer and cross-complaint denying plaintiff’s ownership or right tó possession of the land described in the complaint. By way of cross-complaint he averred that before the filing of the action he was, and at the time of the signing of his

[104]

amended answer and cross-complaint still was, the owner and entitled to the possession of the land in question. The clerk entered Sormano’s default for his failure to answer this cross-complaint. Defendant Loop answered the amended cross-complaint of Smith setting up his own title, acquired, as he alleged, by certain deeds from the state and from one Hall.

Thereafter the cause was tried and the court found that all of the allegations of the complaint of Sormano were true, and all of the denials and allegations of the answer and cross-complaint of Wood and Smith were untrue, and that the allegations and averments of the answer of defendant E. E. Loop were untrue. There were other findings and appropriate conclusions of law requiring plaintiff to pay into court for Smith’s benefit a certain amount for taxes, penalties, and costs included in the sale of the land by the state in February, 1912. Judgment was entered against J. W. Hall by default.