Lapique
Lapique v. Kelley
Opinion
Lead Opinion
Conrey, J.
On application for writ of supersedeas. In this action to quiet title to certain real property, the court-entered its decree against the plaintiff and at the same time granted relief on a cross-complaint and thereby quieted title to said premises in favor of cross-complainant, “The Re-Organized Church of Jesus Christ of Latter Day Saints,” a corporation. The plaintiff Lapique has appealed from the judgment and now applies for a writ of supersedeas to be directed to the respondents, and that certain of the respondents be required to surrender possession of the premises to the plaintiff and appellant. The petition shows by the facts alleged therein that, since the appeal was instituted, a certain “Farmer’s Gun Club” has taken possession of the premises under a purported lease from one McGuire, which lease also was executed after this appeal was instituted. The decree in this action determined that said McGuire, sued personally, has no title or interest in said premises, but the court’s findings state that he is the presiding bishop of said church.
Assuming that under a decree quieting title as provided in the terms of the decree in this ease, the prevailing party might obtain…