Graham

Graham v. Hunt

Good Law
119 Cal. App. 586·1932 Cal. App. LEXIS 166·7 P.2d 186
Court of Appeal of CaliforniaJanuary 12, 1932Docket No. 8149.California1,337 words

Opinion

Lead Opinion

Ward, J.

This is an appeal by defendants from a judgment quieting title of plaintiffs to certain property in Los Angeles County. The complaint is in the form ordinarily used in quiet title actions. The answer sets up a claim based upon a judgment in the sum of $6,090.12 with interest and costs rendered in an action wherein the present plaintiffs were defendants and the present defendants were plaintiffs. The answer further sets forth that on the eighth day of September, 1927, the judgment was duly entered and an abstract of such judgment recorded on the thirteenth day of September, 1927; that at the time of recordation the present plaintiffs were the owners of the property which is the subject of this action to quiet title. The answer also alleges that the judgment has not been paid or satisfied and that since recordation the judgment has been a lien on the property of plaintiffs and respondents herein. The court found that a good, valid and sufficient declaration of homestead had been recorded by the Grahams prior to the recordation of the abstract of judgment. The court further found that proceedings were duly commenced for the purpose of reaching the excess of value of the property over…

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