Mitchell v. California-Pacific Title Insurance

An action to recover sums paid by appellant for certain real property sold by California-Pacific Title Insurance Company, a corporation, as trustee under a deed of trust executed by one Howard to secure the payment of a promissory note to respondent Frederica Meyer-stein, title to the property at the time of the sale being vested in another, and for the recovery of damages against respondent Bakersfield Abstract Company.

The complaint, which was filed on December 6, 1922, alleged that at the time of the execution of the note and deed of trust there was prepared and delivered to respondent Meyerstein by Bakersfield Abstract Company a certificate of title showing the title to the property to be vested in Howard, subject only to the deed of trust and certain taxes a lien thereon; that in fact the property was also subject to the lien of an attachment issued in an action then pending in the superior court of the county of Kings, in which action Howard was the defendant; that subsequent to the execution and recording of the deed of trust judgment was entered against Howard in the action mentioned, upon which execution was issued and the property sold to one Saulsbury subject to…