Syvertson

Syvertson v. Butler

Good Law
1906 Cal. App. LEXIS 332·3 Cal. App. 345·85 P. 165
Court of Appeal of CaliforniaMarch 28, 1906Civ. No. 176.California667 words

Opinion

Lead Opinion

Allen, J.

Appeal by defendants Pearl and Meda Mecartney, executrices of the estate of A. Mecartney, deceased, from a judgment rendered in favor of defendant Butler, upon a cross-complaint, against defendants appellants. The plaintiff commenced his action against defendant Butler and others, alleging his ownership and seisin in fee of certain described real estate. Defendant Butler answered, disclaiming any interest in the premises set out in the complaint, other than as to a single lot described, as to which she averred ownership and denied that plaintiff had any estate or interest therein. At the time of filing answer, defendant Butler filed a cross-complaint against plaintiff, appellants, and one Carter, administrator of the estate of Butler, deceased. A copy of the cross-complaint was served upon the attorney of plaintiff, and the summons, with a copy of the cross-complaint, upon the other defendants to the cross-complaint. All defendants to the cross-complaint, other than Pearl and Meda Mecartney, the executrices, made default. They demurred to the cross-complaint upon various grounds, among which was that the court had no jurisdiction of the person of said defendants, in that they were…

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