Lake Merced Water Co. v. Cowles

Citations

• 31 Cal. 215

Syllabus

<p>Title acquired by Condemnation of Land.—The condemnation of lands is but a purchase of them in invitum, and the title acquired is but a quitclaim.</p> <p>Appointment of Commissioners to appraise Land.—If two corporations each commence proceedings against the same person, in the same Court, for the condemnation of the same land, the Court cannot, of its own motion, in one of the actions take judicial notice of the pendency of the other, and refuse to appoint Commissioners to appraise the land, because it cannot determine which óf the companies has the better right to condemn.</p> <p>Duty of Court as to Appointment of Commissioners to appraise Land.— When the proceedings for the condemnation of land are regular, it is the duty of the Court to appoint Commissioners to appraise the same, regardless of the question as to whether the purchaser will acquire a good title.</p> <p>Writ of Mandate. — If a County Judge refuses to appoint Commissioners to appraise land in a proceeding to condemn the same, a writ of mandate will be issued compelling him to do so.</p> <p>Two Condemnations of Same Land.—If two corporations each start proceedings against the same person for the condemnation of the same land, and neither becomes a party to the action brought by the other, the land will belong to the one over whose proceedings the Court first acquired jurisdiction.</p>