Hancock Oil Co. v. Independent Distributing Co.

24 Cal. 2d 497 (1944)

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Nature of the Case

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Facts

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.