Wollenberg v. Tonningsen

Plaintiff sued for a declaratory judgment “together with such relief as may be requisite or proper”. *724The defendant Tonningsen’s answer admitted the allegations of the complaint and his interests are identical with those of the plaintiff. A demurrer of the Golden Gate Land Association was sustained and the cause was dismissed as to that defendant. The defendant Bone answered and from the judgment adverse to him prosecutes this appeal. After the litigation was started the original plaintiff, Mrs. Leviston, and the defendant John Tonningsen both died and substitutions have been made for them.

In…