Trimlett
Trimlett v. Lynch
Opinion
Lead Opinion
Kerrigan, J.
This action was brought to set aside a satisfaction of judgment claimed to .have been obtained through fraud of defendant, Sarah H. De Coursey.
It is recited in the complaint that prior to the commencement of the action, plaintiffs had obtained a judgment on a mechanic’s lien upon certain property owned by defendant Sarah H. De Coursey, which judgment had been appealed; that pending the appeal said defendant had represented to plaintiffs that she desired to sell said property, but could not do so unless the mechanics’ liens and the lien of judgment were first released, and that if plaintiffs would accept a bond of the Pacific Coast Casualty Company for the sum of six hunderd dollars in lieu of the regular statutory bond on appeal, such bond would ipso facto cause a release of said liens; that accordingly plaintiffs and said defendant entered into a stipulation, accepting said surety company’s bond; that said bond not having the desired effect, defendant requested plaintiffs to satisfy such judgment of record for the purpose of assisting defendant to sell the property; that at the time of such request defendant presented a second stipulation which defendant stated and represented…