Lang
Lang v. Klinger
Opinion
Opinion
Devine, J.
Gracia C. Klinger and Louis F. Hawkins appeal from a judgment of the Contra Costa County Superior Court enjoining enforcement of their judgment lien against certain property and ordering that they take nothing by their cross-complaint against Tide Insurance and Trust Company.
The Judgment Lien
Facts
-Gracia Klinger, appellant, was awarded $6,000 for child support payments (this was the sum of arrearages) by order of the Superior Court of Marin County on September 20, 1967, against her former husband, Max Ferd Klinger. Louis F. Hawkins, appellant, her attorney, was awarded $750 as counsel fees and $40.53 for court costs. Mr. Klinger remarried and bought a home in Contra Costa County, which was put in joint tenancy with his new wife. In April 1969 the Langs, respondents, entered a contract to buy this home for $32,000 but they paid only $500 at this time. The contract of sale was conditional. By the terms of the deposit receipt, the buyers’ obligation was contingent on their obtaining financial arrangements; title was to be free of all liens and encumbrances; and lesser conditions related to operability of appliances and clearance in the matter of pest control. On May 5,…