Conlin v. Blanchard

THE COURT.

A hearing was granted in this case after decision by the District Court of Appeal, First Appellate District, Division Two. Upon further consideration, we are satisfied that said court has correctly determined the issues, and we therefore adopt the following portion of the opinion of Mr. Presiding Justice Nourse, as the opinion of this court:

“Plaintiffs brought two actions in ejectment. The defendant Clutter intervened in the first and filed a cross-complaint in the second, claiming title to the real propery involved. Plaintiffs demandéd a trial by jury, which the court denied. Trial was had before the court upon Clutter’s complaint in intervention and cross-complaint and a consolidated judgment-covering both cases was entered quieting his title to the property and denying plaintiffs a trial upon the issues raised in their complaint. From this -consolidated judgment the plaintiffs have appealed upon typewritten transcripts and the defendant Clutter alone appears as respondent.

“On June 17, 1924, Sam H. Conlin died testate in the state of Missouri. The plaintiffs herein are the heirs or devisees under his will. At the time of his death Conlin was the owner of record of the real property involved in this litigation. On February 25, 1925, an assessment- was attempted to be levied upon this property to cover the pro

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portionate cost of a local public improvement. On November 13, 1925, an action was commenced against Sam IT. Conlin to foreclose the lien of this assessment and service of summons therein was had by publication based upon affidavits stating that Conlin could not be found. The default of Conlin was thereafter taken and a decree of foreclosure was entered against him on April 23, 1926. Following the issuance of the commissioner’s deed the South Holding Corporation, claiming ownership of the property through conveyance from the grantee of the commissioner’s deed, commenced an action against the public administrator as administrator of the estate of Sam H. Conlin on April 15, 1929. The petition of the public administrator for letters disclosed that Sam IT. Conlin died on June 17, 1924, and also alleged that the public administrator was to be appointed for the purpose of a -quiet title action only and that the interest of the estate in the property involved did not exceed the sum of $10. The public administrator did not defend the action, but stipulated that it might be heard on the default calendar and judgment was thereupon entered quieting title against him. In that action the heirs of Sam IT. Conlin were not sued, did not appear and had no knowledge of the proceeding until long after the decree was entered.