Redondo Beach Co. v. R. Cl Brewer

This is an action to quiet title to a certain parcel of land. R. G. Brewer, Ernest A. Miller, and certain other persons were made defendants and suffered default. The California Loan and Trust Company was also made a defendant, and filed an answer and cross-complaint, to each of which plaintiff interposed a general demurrer. The demurrers were sustained, and judgment was rendered for plaintiff. The said loan and trust company appeals from the judgment.

The answer and cross-complaint set up substantially these facts: On October 1,1889, plaintiff and the defendant, Brewer, made a written contract for the sale by the former to the latter of the land described in the complaint. By this contract Brewer was to pay, and did pay, at its date $150, and was to pay $325 on April 1, 1890, and $325 on October 1, 1890, when plaintiff was to give him a conveyance of the land. No part of either of the said deferred payments were ever made. On May 27,1890, Brewer assigned all his interest in the contract to the defendant, Miller, who, prior to October 1, 1890, erected a building on the land worth $400. No part of the $150 or $400 has been repaid to Miller or any other person. Subsequent to…