Cochrane

Upon the oral argument of the motion which was made on behalf of all the defendants in the action, except Maurice Dore and Maggie McNealy, the court intimated that it was inclined to deny the motion, for the reasons that the suit does not involve the determination of an estate or interest in real property, and that it could not say, from the pleadings, that the defendant, Maurice Dore, who is the only defendant who resided, at the time of the commencement of the suit, or now resides, in the city and county of San Francisco, was not a necessary party defendant. Counsel for the motion, Mr. Hunsaker, has undertaken to answer these two objections in the order stated. Does this action involve the determination of an estate or interest in real property ? Code Civ. Proc., sec. 392.

So much of section 392 of the Code of Civil Procedure as is pertinent to the question now being considered is in the following words: “Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated, subject to the power of the court to change the place of trial as provided in this code: 1. For the recovery *534 of real property, or of an…