Swartz
Colton Land & Water Co. v. Swartz
Opinion
lead Opinion
Harrison, J.
Ejectment for a lot of land in the city of Colton. Judgment was rendered in favor of the defendants, *281 aud the plaintiff has appealed. The title of the defendants is derived from the plaintiff through a sale under an execution issued upon a judgment against it in favor of the San Bernardino National Bank, rendered by the superior court of San Bernardino County, and unless the judgment under which that sale was had is valid the judgment herein should have been in favor of the plaintiff. The appellant contends that the superior court had no jurisdiction to render the judgment under which the sale was had, and that the execution issued thereon and the sale by virtue thereof were void and ineffective to transfer any title to the property sold.
The action of the San Bernardino National Bank against the present plaintiff was commenced March 27, 1889, and a demurrer to the complaint therein having been overruled, judgment was ordered in favor of the plaintiff as asked in the complaint, and entered May 29, 1889. Subsequently the plaintiff* herein filed an answer to the complaint, and upon the issues presented by its answer a trial was had, and findings filed by the court, upon which…