Blondeau

This is an appeal, on the judgment-roll alone, from a judgment rendered in favor of respondent against appellants and R. IT. Marshall, defendant, who has not appealed.

On November 28, 1928, findings of fact were made and an interlocutory judgment was rendered in a condemnation proceeding in Los Angeles. Louis Blondeau owned the fee to a parcel of the land sought to be condemned, and, land from which it was to be severed, upon both of which the Security Trust and Savings Bank, now the Security-First National Bank, had a mortgage. The Louis K. Liggett Company had a lease on a portion of the property, as did the defendant R. H. Marshall. The Marshall lease, according to one of the briefs of appellants, had been assigned to Blondeau by an unrecorded assignment. The findings fixed the value ’ of the property taken and the severance damage at $70,000. This was apportioned as follows: Blondeau $14,000; Security Trust & Savings Bank, $50,000; Louis K. Liggett Company, $6,000. R. H. Marshall assigned any sum he might recover in the condemnation proceedings to Blondeau, who in turn assigned to the Security Trust & Savings Bank. By mistake the City of Los Angeles paid the $6,000 due the…