Schaefer

This is an action to quiet title to two lots in the Wolf skill Orchard Tract, in Los Angeles County. The plaintiff’s claim of title is derived from a trustee’s sale and trustee’s deed under the provisions of a trust deed made by one Howard, the former owner of the property. Appellant Lida A. Schaefer claims adversely to plaintiff under a certificate of sheriff’s sale of the same real estate as the property of Howard; said sheriff’s sale having been made under the purported authority of an order of sale issued out of the superior court in a mechanic’s lien foreclosure action of one Hartfield, plaintiff, against Howard and others as defendants. In this action to quiet title, judgment was entered in favor of the plaintiff. The defendant, Lida A. Schaefer, appeals from this judgment.

The trust deed was made by Howard in June, 1915. The trustee’s sale and conveyance to respondent were made on the fifteenth day of January, 1916. It is not denied that respondent thus obtained a clear title, except as it may have been subsequent and subject to the rights of Hartfield. In September, 1914, Howard had entered into a contract for the erection of a hotel building on these lots. In October,…