Belknap
Belknap v. Byington
Opinion
Lead Opinion
Currey, J.
This action was commenced on the 10th of April, 1860, by David P. Belknap, special administrator of the estate of David C. Broderick, deceased, to recover the possession of water lot No. 505, in the city of San Francisco. The defendants against whom the action was brought appeared and answered that they held the demanded premises as lessees under the city and county of San Francisco, and disclaimed any interest in the premises other than as such lessees, and therefore they prayed that said city and county might be allowed to intervene and defend for the defendants named and also for said city and county. The city and county of San Francisco also petitioned for leave to intervene as defendants in the action, on the ground that at its commencement she was the true and lawful owner of the premises described in the complaint and that the defendants sued were her lessees. The city and county was accordingly allowed to intervene and defend, and in her answer she controverted the material allegations of the complaint. Subsequently, in May, 1863, Wm. R. Garrison petitioned the court for leave to intervene as plaintiff, on the ground that he had succeeded to the interest of Broderick in…