Shusett, Inc. v. Home Savings & Loan Ass'n

On January 15, 1964, one of the respondents in the instant action, Home Savings and Loan Association (hereinafter Home Savings), filed a complaint in another lawsuit against the appellant, Shusett, Inc., setting forth causes of action for quiet title and declaratory relief, which action involved the same real property, the same underlying transaction, and construction of the same instruments, as those involved in the instant case. Such action (hereinafter referred to as the “First Action”) is still pending in the court below.

Subsequently, according to the allegations in the present action,…