Investcal Realty Corp. v. Edgar H. Mueller Constr. Co.

Appeal from a judgment decreeing the foreclosure of a deed of trust, ordering the sale of real property upon which it was a lien, a deficiency judgment, and from judgment in favor of cross-defendants on the cross-complaint.

Plaintiff Investcal Realty Corporation (hereinafter referred to as Investcal) brought an action against defendants Edgar H. Mueller, Edgar H. Mueller Construction Co., Inc. (hereinafter referred to as Mueller Construction), Selma Allen and Thomas Greer to foreclose, judicially, a deed of trust and to obtain a deficiency judgment against defendants. Two defendants, Greer and Allen, cross-complained against plaintiff Investcal, defendants Mueller Construction, Mueller and Percy H. Goodwin Company, (sued as a partnership but appearing as a corporation) to quiet title to one of the parcels of land involved in the action to foreclose. Cross-defendant Percy H. Goodwin Company was not a defendant in the original action. Although defendants Mueller Construction and Mueller were named as defendants in the cross-complaint, there is nothing in the record brought to us to indicate they had been served or their appearance in the action on the cross-complaint. From a…