Poindexter

Plaintiffs secured judgment quieting title to certain real property. The appeal taken by defendants presents the question as to whether a judgment of a superior court, when duly docketed, creates a lien against the interest of a cestui que trust in real property.

In 1916 plaintiffs were the record owners of the property, holding, under the terms of the conveyance to them, the whole title as joint tenants with right of survivorship. As a matter of fact, one Corbaley and one Emerson were owners of certain undivided interests in the property, which interests were described in an unrecorded trust agreement executed by all of the persons concerned. It was under the terms of this agreement that plaintiffs here became trustees for Corbaley and Emerson, with the necessary result that the legal title rested in plaintiffs, while Emerson and Corbaley possessed equitable interests in the proportions which were described in the trust agreement. Three judgments were obtained against Corbaley by the defendants, or assignors of certain of them, late in the year 1916. In 1917 the plaintiffs Poindexter brought suit on a promissory note owing them by Corbaley and obtained judgment. Acting under…