Pacific Hotel Apartment Co. v. Arcady-Wilshire Co.

Appellant claiming to own certain real estate and personal property brought an action to quiet title to the real estate and personal property. It also brought an action for money had and received against the same defendants. By stipulation, the *249 actions in equity and at law were consolidated for trial and tried without a jury. The court made separate findings in the two actions .and entered a decree in the equitable action holding that plaintiff had no title to either the personal or real property and that title thereto was vested in the Arcady-Wilshire Company, a corporation, subject to the bonded indebtedness secured by a trust deed executed by the Arcady-Wilshire Company to Leigh M. Battson, trustee, and Title Insurance & Trust Company, co-trustee. In the action for money had and received the findings and judgment were in favor of the defendants. Appeal was taken from the decree in the equitable action and another appeal from the judgment in the legal action. These appeals are presented on a single transcript and a single set of briefs.

In the legal action the finding that the defendants had received no money belonging to the plaintiff was sufficient to sustain judgment in…