Castleton
Castleton v. Peterson
Opinion
Lead Opinion
Tyler, J.
Action to quiet title. The complaint is in the usual form. It alleges that defendant P. 0. Peterson claims some interest in the property in question adverse to plaintiff and a judgment is sought declaring plaintiff to be the owner in fee absolute of the same. Defendant answering admitted a claim of interest based upon an attachment against the property which was issued in an action which had been prosecuted to judgment. At the same time he filed a cross-complaint against plaintiff and joined therein one Louisa N. Ostwald as a cross-defendant. This complaint alleges in substance that on the seventeenth day of October, 1921, a judgment was duly given and made in the superior court in and for the county of San Mateo, where the land is situated, in favor of the defendant and cross-complainant and against cross-defendant Louisa N. Ostwald for the sum of $410.17 principal; $147.66 interest and $24.30 costs of suit and that the same was duly entered and docketed on October 17, 1921; that thereafter an execution issued to enforce the judgment, which execution, was returned by the sheriff of the county aforesaid wholly unsatisfied and that such return was made prior to the commencement of…