120 Cal. 214 | Cal. | 1898
This action involves the right to the possession of certain property in Lassen county, described in the complaint as a storage reservoir known as the Ball’s Canyon reservoir or Ward lake, together with a canal leading therefrom in an easterly direction, known as the Eagle Lake Company Canal, and also a certain ditch or water right connected therewith. The action was commenced April 3, 1895, and the trial thereof had April 23d, and judgment was entered July 12, 1895. It was admitted at the trial that the Eagle Lake Land and Irrigation Company, a corporation, was the common source from which the plaintiff and the defendant each claimed to have derived title to the property—the controversy between them being to determine the priority of their respective titles.
The plaintiff in support of his claim to the property offered in evidence the judgment-roll in an action brought by T. C. Riggs against the Eagle Lake Land and Irrigation Company to recover for certain labor and services performed by him for the corporation, and to foreclose a lien therefor against its property. This action was commenced January 12, 1894, and a notice of Ks pendens filed with the county recorder on the same day, and judgment therein was entered February 5, 1894, in favor of the plaintiff and against the defendant for the sum of five hundred and twenty-six dollars and twenty-five cents for labor and services performed by him for the corporation, and declaring the same to he a lien upon the property above described, and directing a sale of the same to satisfy said amount of money. Upon this judgment an execution and order of sale was issued, by virtue of which the said property was sold to Riggs, the plaintiff therein, March 24th, and on October 2, 1894, the sheriff executed to him his deed therefor. An appeal to the supreme court from this judgment was taken by the corporation January 31, 1895, and was pending and undetermined at the trial of the present
The defendant offered in support of his claim to the property the judgment-roll in an action brought by him against the corporation April 14, 1893, in which judgment was entered in his favor and against the corporation June 13, 1893, for the sum of four thousand one hundred and seventeen dollars and seventy-five cents, and docketed against the defendant therein. The date upon which the judgment was docketed is not shown by the bill of exceptions, but it is stated in respondent’s brief that it was docketed the same day upon which the judgment was entered, viz., June 13, 1893. Upon this judgment an execution was issued January 25, 1894, and the property described in the complaint was sold thereunder to the defendant February 23, 1894, and a sheriff’s deed issued to him August 24, 1894, purporting to convey to him all the title and interest which the judgment debtor had in said property on the thirteenth day of June, 1893, or at any time thereafter.
•' Judgment was rendered in favor of the plaintiff, and the defendant has appealed, presenting his appeal upon the judgment-.roll and a bill of exceptions.
Upon the issuance by the sheriff to the defendant of the deed -for the property sold to him under his judgment against the corporation, the defendant became the successor in interest of the corporation and entitled to the possession of the property as against it and all others claiming under it by title derived subsequent to his own. Prior to this sale to the defendant, Biggs had commenced the action to foreclose his alleged lien upon the property of the corporation, and by filing the notice of lis pendens the defendant had such constructive notice of the claim of Biggs as to make his purchase of the property pending the action subject to. that claim. If judgment in that case should establish
The plaintiff acquired no right to the possession of the property by virtue of the sale to him under the judgment in the action to foreclose his mortgage against the corporation. Until the time for a redemption from this sale had expired, the judgment debtor or its successor in interest in the property was entitled to its possession.
The plaintiff also offered certain evidence tending' to show that he had the right of possession of certain property which he claims to be appurtenant to that above described, or to some of it. This property is not specifically described in either the complaint or the judgment, and, as the plaintiff did not establish a right to the property which is described in the complaint and judgment, it is unnecessary to determine whether the other property is or is not appurtenant thereto.
The judgment is reversed.
Garoutte, J., Van Fleet, J., McFarland, J., Temple, J., and Henshaw, J., concurred.
■ Behearing denied.