Faulkner

Faulkner v. Brooks

Good Law
125 Cal. App. 137·13 P.2d 748
Court of Appeal of CaliforniaJuly 28, 1932Docket No. 7313.California1,280 words

Opinion

Lead Opinion

Houser, J.

Although not entirely disclosed by the official record herein, but to some extent dependent upon undisputed statements set forth in the briefs of the respective parties hereto, it satisfactorily appears that the pertinent facts which relate to this appeal are as follows: At a time when, in accordance with the provisions of a lease, defendant Spaulding was in possession of a part of certain real property, plaintiff became the purchaser of the whole of the property at a sale which was authorized by the provisions of a trust deed. Thereupon, under the provisions of section 1161a of the Code of Civil Procedure, plaintiff served on the defendants “a three-day notice to quit” possession of the property, etc.; and on the failure and refusal of the defendants to yield to plaintiff the possession of the property, plaintiff commenced an action against defendants in “unlawful detainer” for possession of the premises. Four days after the answer to the complaint of all the defendants in the action had been filed, “a stipulation consenting to the entry of a judgment against all of the defendants was filed, and seven days later a judgment pursuant to said stipulation was entered against all of…

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