Peebler

This is an appeal by the defendants from a judgment enjoining them from going upon real property known as Olive Lawn Memorial Park, a private cemetery, and ordering them to deliver to the plaintiffs the possession of certain cemetery lots, personal property, books and records.

The plaintiffs and defendant Olds formed a partnership in 1923. In 1929 they accepted a conveyance of Olive Lawn Memorial Park, consisting of about five acres of land located near Norwalk in Los Angeles County. The land previously had been in the ownership of Graceland, a corporation whose charter was suspended in 1926 for nonpayment of franchise tax. The property was operated under the partnership agreement until 1940 when difficulties arose between the partners followed by an arbitration. From that time the history of the dealings between them is reflected in the following decisions: Graceland v. Peebler (March 18, 1942), 50 Cal.App.2d 545 [ 123 P.2d 527 ], wherein the Graceland corporation sued to quiet title to the realty and it was held that the suspended corporation had no authority to sue; Peebler v. Olds (December 8, 1942), 56 Cal.App.2d 8 [ 132 P.2d 233 ], wherein a judgment based on the award of…