Lineker
Lineker v. McColgan
Opinion
Lead Opinion
Finch, J.
The plaintiff appeals from the judgment herein denying his prayer for an injunction and an accounting.
While the pleadings are complicated and lengthy, covering forty-eight pages of the printed transcript, the facts essential to a correct understanding of the issues raised on appeal may be briefly stated.
"The plaintiff was the owner of the land described in the complaint, subject to certain encumbrances in the following order of priority:
1. Trust deed to defendant R. McColgan, as security for payment to defendant Daniel A. McColgan of a promissory note for $2,850 and future advances, executed by plaintiff's wife, Norvena E. S. Lineker, prior to her marriage and while she was owner of the land.
2. Attachment liens aggregating $1,241.09.
3. Judgment lien for $1,264.91.
4. Sheriff’s certificate of sale of the land under execution for $1,361.20.
Under the foregoing circumstances, Daniel A. McColgan purchased the sheriff’s certificate of sale and, at the expiration of the year allowed for redemption, received and recorded the sheriff’s deed to the land. On the day that and after the sheriff’s deed was received and recorded, the land was sold under the trust deed to R. S.…