Scott
Scott v. Warden
Opinion
Lead Opinion
Thompson, J.
This is an appeal from a decree quieting title to an unimproved lot at Hermosa Beach, valued at $600.
In February, 1922, Sarah W. Hughes and A. S. Hughes, husband and wife, owned lot 89, Walter Ransome Company’s Venable Place of Los Angeles County according to the map of that tract recorded in book 9 of maps, page 150, Los Angeles records. February 6, 1922, the plaintiff purchased that lot from these owners, on contract, for $600. The deed of conveyance was not executed. Upon refusal to convey the property pursuant to contract, a suit for specific performance was commenced by the plaintiff in November, 1923. The allegations of the complaint were controverted. The action was tried. On January 22, 1925, a decree was rendered in favor of the plaintiff directing a conveyance of the property. This decree provided that in the event the defendants failed or refuged to execute and deliver a deed of conveyance to the lot within thirty days from the date thereof, the clerk of the court “is hereby constituted a commissioner of this court to make a good and sufficient deed in compliance with this judgment and deliver the same to the plaintiff herein”. This deed was not executed or delivered.…