Charles Tesseyman v. John W. Fisher, Lurene W. Fisher and United States of America

The appeal in this case is taken from the order of the trial court denying a motion of appellant Tesseyman to intervene in a suit pending there.

The action in which intervention was sought was commenced June 4, 1953, in the Superior Court of the State of California for the County of San Luis Obispo. John W. Fisher and Lurene W. Fisher set up that they were the owners in fee simple of the property in litigation and that the United States claimed an interest therein adverse to the Fishers which constituted a cloud upon their title. They further pleaded that they had acquired title at judicial sale in an action in which Nash Building Company, Inc., was defendant and the Fishers were plaintiffs. Further, it was alleged a Sheriff’s Deed had been delivered and that the time for redemption had expired. It was also alleged that a lis pendens had been recorded in that suit before the recordation of the claimed government lien. The cause was removed by the government to the United States District Court, where answer was filed claiming that the Fishers entered into an escrow for the sale of this property and authorized the completion of the escrow and the delivery of title to the purchaser…