Hancock Oil Co. v. Independent Distributing Co.

24 Cal. 2d 497 (1944)


Hopkins (D) leased property for royalties from Hancock Oil Company (P). Independent Distributing Co. (D1) sued D, claiming that D held the real property (leased to P) in trust for them. D1 wanted an accounting of the royalties which were rightfully theirs. P filed an action to interplead both D and D1 to determine to whom P owed the money. D1's answer claimed that they owned the property and were entitle to all rents and profits. D filed a general demurrer and a special demurrer under uncertainty. The demurrers were sustained without leave to amend; a tenant may not question his landlord's title to the land, and a tenant cannot interplead his landlord. P appealed.