Petty
Belnap Freight Lines, Inc. v. Petty
Opinion
Opinion
McCOURTNEY, J.
Plaintiff Belnap Freight Lines, appeals from a stay order granted by the trial court under section 410.30 of the Code of Civil Procedure ¿njoining it from proceeding in the subject action until termination of certain proceedings' in Utah or until further order of the court.
The appellant initially brought an action in essence in fraud against two of the defendants in the present action, Neuman Petty and Petty Investment Company, claiming the defendants had used certain monies entrusted to them for investment on behalf of appellant to. purchase certain property in Montebello, California and taken title in the name of the Petty Investment Company, rather than appellant. That suit was settled in 1969 by an agreement whereby Neuman Petty as an individual was to pay appellant a sum in cash and one-half of the property was to be transferred to the appellant as tenant in common. The defendant Petty did not comply with the terms of the agreement but retained a one-half interest in the property and conveyed the other half to one Utahna Belnap, now deceased. In 1972 administration of the deceased Utahna Belnap was commenced in Utah. During the course of that administration the…