Guaranty Realty Co. v. Recreation Gun Club

Appeal by plaintiff from a judgment in favor of defendant and intervener, and from an order denying a new trial.

Plaintiff’s action was one to determine conflicting claims to a certain described one hundred and twenty acres of land situate in Los Angeles county, California, the complaint being in the usual form. Defendant, in addition to a specific denial of the allegations of the complaint, alleged that it is a corporation, which was organized in 1884 under the laws of this state, the object thereof, as expressed in its articles of incorporation, being “for mutual recreation and pleasure by means of the rod and gun, and to hold real estate, and to preserve the game and fish of the state, and to that end enforce the fish and game laws of the state”; that shortly after the defendant’s organization it acquired title to three hundred and forty acres of land in Los Angeles county, which tract comprised the land in controversy; that defendant ever since its acquisition has been in possession thereof and in the use thereof consistent with the purposes of the-corporate organization, except that in May, 1904, defendant sold and granted to A. R. Fraser and others a portion of said tract,…