Kaelin
McGrath v. Kaelin
Opinion
Lead Opinion
Tyler, J.
This action is one brought by plaintiff to establish an interest in certain real property by reason of an alleged judgment lien.
The amended complaint sets forth the following facts: On the nineteenth day of August, 1915, one J. H. W. Riley recovered a judgment of foreclosure and sale of certain real property against one Wallace Clark and his wife Illma. This judgment was entered on the twenty-third day of August, 1915. Thereafter, on the sixteenth day of September following, a deficiency judgment in said cause was entered and docketed in the office of the clerk of the court in favor of Riley and against the Clarks for the sum of $711.05, which judgment, it is alleged, has never been paid or satisfied and has been in full force and effect continuously up to the time of the commencement of the action. Thereafter, on or about the tenth day of September, 1917, and while such judgment was enforceable, Wallace Clark purchased and became the owner in fee of the real property here in question, with full knowledge by defendants in the instant case. It is then alleged that the judgment against Clark and his wife became and was on said tenth day of September, 1917, a lien against said real…