Rose

This appeal involves the propriety of the trial court’s dismissal of a quiet title action pursuant to a motion made by defendants June Knapp and Mattie Hye on the ground that plaintiff had failed to bring the action to trial within five years after the filing of the complaint and that dismissal was mandatory under section 583 of the Code of Civil Procedure.

More than 20 years ago, in 1929, Lorn Betty, plaintiff’s predecessor, recovered a money judgment against Ellen Crowder and her son, E. W. Knapp. Betty then brought an action to set aside an alleged fraudulent conveyance of real property to June Knapp, wife of E. W. Knapp, and in September, 1932, obtained a judgment which provided that he should have a lien upon the property and directed that execution should issue accordingly. (See Betty v. Knapp, 5 Cal. App. 2d 512 [ 43 P.2d 325 ].) The real property was sold to Betty on execution, and the judgment was satisfied of record, but in August, 1937, the court granted a motion to revive the judgment on the ground that the sheriff’s sale was void. (See Betty v. Superior Court, 18 Cal.2d 619 [ 116 P.2d 947 ].) The judgment was thereafter assigned to plaintiff Rose who obtained an…