Mora v. Le Roy

Citations

• 58 Cal. 8

Syllabus

<p>Action to Quiet Title by Trustee—Parties—Demurrer—Corporation Sole.—In an action to quiet title the death of the original plaintiff was suggested pending the action, and immediately thereafter the present plaintiff (as his successor) filed an amended complaint, in the title of which he is styled plaintiff, and the original defendants and others, defendants, the complaint alleging, that the plaintiff is a sole corporation duly created and acting by and under authority of law under the name and style if the Roman Catholic Bishop of Monterey, and that as such Bishop or sole corporation, he is the owner seized in fee of the land in controversy in trust for the use and benefit of the Roman Catholic Church of San Buena Ventura, and that the defendants claim an estate or interest in said land adverse to him. The defendants demurred, on the grounds that the complaint did not state facts sufficient to constitute a cause of action, and that it was ambiguous, unintelligible, and uncertain, and the demurrer having been sustained without leave to amend, judgment was entered in their favor. Held, First—That the defendants having voluntarily demurred to the amended complaint could not now be heard to object that the present plaintiff was not regularly substituted for the original, or that the additional defendants were not regularly made parties to the action. Second—That the complaint showed that the plaintiff had a sufficient interest in the land to enable him to maintain the action. Third—That the objection that it did not appear that the plaintiff had legal capacity to sue could not be availed of upon either of the grounds of demurrer stated in this case. Fourth—That the objection that the land in controversy was greater in quantity than could, under the law, be held by a sole corporation, could not be sustained, as he would at all events have a right to have his title quieted to the amount which the law allowed him to hold; and that it was, therefore, unnecessary to determ