Johnson v. Nelson

This is an appeal from a judgment in favor of the defendants in an action to quiet title wherein the trial court undertook to hold that while the plaintiff had title to the property in question, it was subject to a certain judgment lien which the defendants held by virtue of a judgment in a prior action between certain of the parties to this suit.

The facts of the ease, in so far as they can be extracted from the very unsatisfactory record before us, appear to be these: The defendant and cross-complainant Hedvig Nelson at one time owned the premises in question, upon which she desired to construct an apartment house. She applied to the plaintiff herein for a loan of money for the purpose of such construction, and executed to bim two notes and mortgages, one for the sum of $7,200 and the other for the sum of $9,000, the said mortgagee agreeing that he would advance the amount of these two loans as needed in the construction of the building. He failed to make certain payments for labor and material as they fell due, and in consequence mechanics’ liens were filed against the building, which were in due course foreclosed, and the property bought in at the foreclosure sale by one C.…