Quetin v. Caubu

PEEK, J. The defendant and cross-complainant W. P. Caubu seeks modification of a portion of a judgment in his favor and against the plaintiff and cross-defendant Henri J. Quetin. The appellant specifically asserts that this appeal is limited solely to the judgment roll (therefore no evidence introduced at the trial is before us), that the judgment is not sustained by the findings in that the conclusions of law are not sustained by nor do they conform to the findings. No complaint is made of the issues of fact.

The action to quiet title was commenced by plaintiff A. W. Pioda as the alleged owner of certain mining lands situated in Calaveras County. One of the defendants, Joseph Fassler, answered, denying the ownership of Pioda, and by his cross-complaint claimed ownership in himself, alleging that the claim of plaintiff was based solely on void tax certificates and deeds previously issued by the tax collector of said county on March 28, 1933, for nonpayment of taxes levied in the year 1923. Fassler also proffered payment of whatever sums the court found to be due plaintiff under the tax deeds so purchased, and prayed to have such deeds declared void, the clouds removed, and for general relief. The plaintiff failed to answer said cross-complaint, and his default was duly entered. The cause was tried and submitted. [795]Following the submission, the motion of Fred B. Drinkhouse as trustee of the bankrupt estate of Joseph Fassler, to be substituted in the place and stead of Joseph Fassler, was granted, and the cause was reopened for the purpose of taking additional evidence. In the interim between trials, W. P. Caubu, who had purchased all of the right, title and interest of the bankrupt estate of Joseph Fassler, was, upon waiver of notice by all parties, ordered substituted as defendant and cross-complainant in place of the said defendant and cross-complainant Drinkhouse; and by an ex parte order Henri J. Quetin was substituted as plaintiff and cross-defendant in place and stead of the said A. W. Pioda. Upon leave of court an amended and supplemental answer and cross-complaint was filed by the said W. P. Caubu. Neither A. W. Pioda nor Henri J. Quetin answered, and their defaults were duly entered. The cause then regularly came on for rehearing and was duly submitted.

Thereafter the trial court filed what is designated as “Findings and Judgment” although all of the parties had previously executed and filed with the court a written stipulation wherein they specifically waived findings and notice of entry of judgment. In said judgment rendered in favor of appellant and against all other parties to the action, the court awarded appellant judgment against plaintiff and cross-defendant Henri J. Quetin, conditioned, however, that Caubu reimburse plaintiffs and cross-defendants Pioda and Quetin for the expenses incurred in their attempt to secure title to the property.