People v. Superior Court

Opinion

DRAPER, P. J.

The grantor of a lot reserved an easement over it, upon which he constructed a fence. An action brought only against the owner of the easement sought to abate the fence as a nuisance, on the ground that it extended into lands of plaintiff. In this original writ proceeding, we must determine whether the lot owner is an indispensable, or merely a conditionally necessary party.

In the basic action pending below, the state, petitioner here, is plaintiff and William Kent Estate Co. (hereafter company), real party in interest herein, is the sole defendant. The litigation has a…