Layne
Layne v. Johnson
Opinion
Lead Opinion
Allen, J.
This is an action to quiet title brought by the administrator of the estate of J. H. A. Bartels; deceased, and his heirs at law, against Thomas J. Johnson, city of San Diego, a municipal corporation, and A. .G. Robinson. The complaint- is in the usual form, and alleges the appointment of Layne, as administrator of the estate of Bartels, on the 10th of November, 1905, by the superior court of San Diego county. The answer does not deny the allegation in reference to' the appointment and qualification of Layne as administrator, but does deny that the other plaintiff's are the heirs at law of said Bartels, deceased. Defendant Johnson at the same time filed a cross-complaint, alleging that at the time of the commencement of the action, and for many years prior thereto, he was the owner in fee of the premises described in the complaint, and for many years had been in the rightful, lawful and peaceable possession thereof, and continued to hold the same until a few days prior to the commencement of the action, when plaintiffs unlawfully and wrongfully entered said premises and ousted said defendant. He prayed a decree that plaintiffs and cross-defendants have no title, interest or estate…