Corcoran v. Doll

Citations

• 35 Cal. 476
• 1868 Cal. LEXIS 116

Syllabus

<p>Preliminary Injunction to Bestrain tiie Sale or Incumbering of Land Pending tiie Litigation of Title, and Appointing Beceiver to Harvest and Preserve Growing Grain Crops.—Plaintiffs commenced this action against several defendants for the possession of land on which was standing a large crop of unharvested grain, and to set aside a conveyance of the land made by one of said defendants to the others, on the ground that it was made in fraud of the rights of plaintiffs, who claimed to have succeeded, before suit brought, to the title of the fraudulent grantor, under their judgment recovered as creditors against him, subsequent to said fraudulent conveyance, and a judicial sale thereunder and Sheriff’s deed : Meld, first, that said grain crop was part of the land, and plaintiffs wore entitled thereto if entitled to recover the land; and, second, that an order made hy the Court, pendente lite, restraining defendants from alienating or incumbering the land during the litigation, and appointing a receiver to take possession, harvest and preserve the grain crop, was properly made.</p> <p>Idem—Order Bestraining Prosecution of Another Action to try Title Pending in the same Court.—In such ease, whore one of the defendants, claiming to own said land and being in possession thereof, had, before said suit, commenced an action in the same Court against plaintiffs to determine as void plaintiffs’ said adverse title to the land, which action was still pending and was pleaded by defendants in bar of plaintiffs’ suit: Meld, first, that because said other defendants were not made parties to said action against plaintiffs, the latter could not in that action obtain all the relief to which they were entitled, if entitled to recover; and, second, that an order mad e, ptendente lite, in the second action staying the further prosecution of the first action until the further order of the Court in which both were pending, would not be reversed, although said order might more properly have