Sax
Sax v. Clark
Opinion
Lead Opinion
Melvin, J.
Plaintiff successfully sued to quiet her title to lot fifty-seven (57) of the Cumberland Tract, as per map thereof recorded in book 19, page 29, of Miscellaneous Records in the office of the county recorder of Los Angeles County, state of California. Defendants have appealed from the judgment.
The source of title is common. It was stipulated that prior to October 21, 1912, Alice G. Handy and Harry Handy were owners of the property. On that day they delivered to the Title Insurance and Trust Company a trust deed to secure a note for seven hundred dollars in favor of Marie L. Barrett. This was recorded. On June 24,1913, the Title Insurance and Trust Company, in accordance with the terms of the trust deed, conveyed the property to Marie L. Barrett, who on the following day quitclaimed to Anna M. Colkins, and on July 26, 1913, Anna M. Colkins, by grant deed, conveyed the property to plaintiff herein.
The title which appellants assert is based upon the following facts: On March 26, 1913, a mechanic’s lien was recorded against the property in question and Alice Handy and F. C. Handy, and in favor of B. W. and W. E. Clark, doing business as Clark Brothers. On April 9, 1913, there was…