Greenhut

This is an appeal by lessees Lowell A. Wooden and Dorothy M. Wooden, appellants, from a judgment in favor of lessor J. W. Greenhut, respondent, in an unlawful detainer action. Because of the complex nature of the transactions involving their occupancy of the residential property in question, appellants maintain that they should have been allowed to try the issue of title in the unlawful detainer action. Although it is rare that title can be tried in such an action, there are a few exceptions. Inasmúch as we have one of the exceptions here, we must reverse.

Respondent is the owner of record of certain residential property located at One Appoloosa Lane in the City of Rolling Hills, California. Appellants desired to purchase this property and also sought additional options on three lots owned by respondent that surrounded the Appoloosa Lane property. In November 1978 two documents were executed by respondent and appellants. The first document was a lease agreement in which respondent rented the above property to appellants for an 18-month period commencing November 1, 1978, and terminating May 31, 1980. In consideration for the leasehold appellants were to make payments of…