Lapique

— This action was commenced by complaint filed on the ninth day of October, 1922, by Clarence E. Gorthy and his wife, Blenda Gorthy, against the defendants Kelley and McGuire and others. The Gorthys alleged that they were at that time the owners in fee simple of a described tract of fifteen acres of land in Orange County, and they sought to obtain a decree quieting their title against any and all adverse claims of the defendants. The complaint alleged that the defendants Kelley and McGuire were “trustees of the Church of Latter Day Saints of Jesus Christ, Reorganized Church of Jesus Christ of Latter Day Saints” (hereinafter called the Church), and prayed that the court by its decree restrain Kelley and McGuire, as such trustees, from asserting or claiming any interest in the described real property. This complaint was signed by “C. E. Gorthy, In Pro Persona,” and verified by affidavit of C. E. Gorthy.

On the second day of January, 1923, pursuant to an order permitting the said Church to intervene in the action, the Church filed an answer and a cross-complaint. The answer alleged that the Church is a religious corporation, organized and existing under the laws of the state of…