Dix Box Co. v. Stone

In this, a condemnation action brought by the County of Los Angeles to acquire several parcels of land, a parcel, to be known to us as parcel 1-5, was owned by defendants Stone. They had leased a portion only of the parcel to defendant Dix Box Company (defendant Dix). A quasi-interpleader proceeding evolved in the main action between defendants Stone and defendant Dix to see if the latter should receive a part of the $575,000 that the county had paid to the defendants Stone for parcel 1-5. The judgment that was entered in this interpleader proceeding denied defendant Dix any of the sum in issue, and it appealed. We are affirming that judgment.

It would be well, early in our consideration of this appeal, to have before us the alternative questions that have been at the center of attention throughout this litigation, and to be familiar with the paragraph of the lease between the defend-ants that gave rise to the questions. The questions are: In this case, where all of the property covered by the lease is being condemned, does the 16th paragraph of the lease govern or does it not? The paragraph of the lease referred to reads: “In the event of the taking of any portion of said…