Daze

This is an appeal by the plaintiff in a quiet title action from a portion of the judgment decreeing appellant’s title to be subordinate to the claim of a mechanic’s lien of the defendant and respondent SouleMartin Lumber Company in the sum of $539.43. The respondent Lumber Company commenced to furnish the materials which formed the basis of its claim of lien on April 28, 1925. Thereafter on May 15, 1925, the property was conveyed by deed of trust to Security Title Insurance and Guarantee Company to- secure the repayment of a loan made to the owners by Union Trust Company of Maryland. This deed of trust was recorded the same day. Proceedings were subsequently taken by Soule-Martin Lumber Company to foreclose its materialman’s lien which finally resulted in the sale of the property to Soule-Martin Lumber Company on March 18, 1929. In this action neither Security Title Insurance and Guarantee Company, the trustee under the deed of trust, nor Union Trust Company of Maryland, the beneficiary, was made a party. Meanwhile on November 8, 1928, the property was sold to plaintiff and appellant at. a trustee’s sale under the above-mentioned deed of trust.

It is appellant’s contention that…