HANCOCK OIL CO. V. INDEPENDENT DISTRIBUTING CO.
24 Cal. 2d 497 (1944)
NATURE OF THE CASE: This was an appeal of a demurrer to interplead two adverse claims.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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