Shafer
Shafer v. Gregory
Opinion
Lead Opinion
Tyler, J.
Plaintiffs prosecute this appeal from a judgment quieting the title of respondent Gregory to certain real property.
The action was prosecuted by plaintiffs to remove an alleged cloud on their title to the real property involved, created by a trustee’s deed to said Gregory, and to carry into effect a certain judgment in their favor, in an action wherein one Herman Eggers and others were plaintiffs and The National Radio Company, a corporation, was defendant.
By their answer defendants denied the title of plaintiffs and the right of possession of plaintiff Shafer as receiver. By a cross-complaint defendant Gregory asserted title in herself. To establish their title to the real property involved plaintiff introduced in evidence the judgment-roll in Eggers v. The National Radio Company. It is. conceded that whatever title plaintiff had to the property in question was based upon such judgment. Respondent Gregory was not a party to the Eggers judgment, nor was she in privity thereto. Her claim of title in and to the property was based upon a certain deed of trust securing notes which existed against the property long prior to the time of its acquisition by plaintiffs, and which deed…