Walsh v. Soule

Citations

• 66 Cal. 443
• 6 P. 82
• 1885 Cal. LEXIS 464

Syllabus

<p>Undertaking on Appeal—Ejectment—Conveyance Pendente Lite—Trustee op Express Trust.—Where the plaintiff, after the commencement of and before the rendition of judgment in an action of ejectment, conveys the premises in controversy, and thereafter recovers judgment in his own name, which is subsequently affirmed on appeal, an action on an undertaking on appeal given to stay execution, in pursuance of section 945 of the Code of Civil Procedure, to recover the value of the use and occupation of the land from the time of the appeal until the delivery of possession, may be maintained by him in his own name. In such case, the plaintiff sues as trustee of an express trust for the benefit of his grantee.</p>