272 P. 1058 | Cal. | 1928
THE COURT.
This appeal was submitted upon an order to show cause, the respondent having presented and filed no brief herein. This action was one to quiet title to certain real property. One of the defendants named therein was the Los Angeles Realty Syndicate, a defunct corporation, jurisdiction over which was obtained by service of process upon one of the former directors and then existing trustees thereof. The trustees were not made parties to said action, and they permitted said defunct corporation to be in default, and the default thereof upon the proof of such *21
service was entered in the action. Thereafter the appellant, W.D. Ashbaugh, made application for leave to intervene in the action, alleging himself to be the owner of the premises in question as the successor in interest of said defunct corporation, and in his amended complaint in support of his application he set forth the foundation of his title and ownership of said premises as consisting in a judgment obtained by him against said Los Angeles Realty Syndicate prior to the institution of the present action, decreeing him to be the owner of said premises. [1] The plaintiff's opposition to said application for intervention was two-fold, consisting, first, in the contention that the default of said defunct corporation having been duly entered before the making of said application for leave to intervene constituted a sufficient ground for the denial of the same. There is no merit in this contention. An intervener claiming title to property adverse to both the plaintiff and the defendant named in an action to quiet title cannot be prevented, as to his right, to intervene therein by the fact that one or all of the named defendants may have suffered a default. (Morgan v. Bonynge,
The order is reversed.