Bihler v. Platt

Citations

• 52 Cal. 550

Syllabus

<p>Pleading—Tenants in Common. — The Government of the United States issued a patent for a Mexican grant to Meyer, Bennitz, Hendy, Glein, and Duncan, jointly. Prior to the issuing of the patent, Meyer and Bennitz conveyed to Bihler; and Glein and Hendy conveyed to Platt. Subsequently Bihler brought suit against Platt, but not against Duncan, to quiet title to a specific part of the grant claimed under a deed from Rufus, the original grantee. The plaintiff alleged in his complaint that he was the owner in fee-simple absolute of the land in controversy. Held, that the legal title conveyed by the patent vested in the five patentees as tenants in common, and that whatever equities the plaintiff had founded on the specific conveyance must be determined in an action with appropriate pleadings, in which all the necessary parties are before the Court.</p>