Lake

Lake v. Central Sav. Bank of Oakland

Good Law
27 F.2d 847·1928 U.S. App. LEXIS 3503
United States Court of Appeals for the Ninth CircuitAugust 6, 1928No. 5393California896 words

Opinion

Lead Opinion

Hunt, J.

This is an appeal from a judgment dismissing a bill in equity, filed by appellants, seeking to annul a judgment rendered by the superior court in the state of California in a suit in ejectment in favor of the Central Savings Bank, appellee herein, against Fannie D. Lake and Fred W. Lake, appellants herein. The judgment of the superior court was affirmed by the Supreme Court of California in Central Sav. Bank v. Lake, 201 Cal. 438 , 257 P. 521 , certiorari denied Lake v. Central Savings Bank, 275 U. S. -, 48 S. Ct. 159 , 72 L. Ed. -.

The complaint alleges that plaintiffs appellants were in actual possession, claiming the right to possession, of certain real estate in Alameda county, California, adverse to the bank; that the bank brought an action in ejectment in the superior court of the state of California; that defendants in the state court, appellants here, denied ownership and right to possession in the bank; that the cause was tried in the state court, and that the bank produced as evidence of ownership a trustees’ deed to the bank, together with a declaration of trust; that defendants in that action, appellants here, introduced évidenee to show that the trustees’ deed was in…

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