Page
Page v. W. W. Chase Co.
Opinion
Lead Opinion
Harrison, J.
Action to quiet title.
At the trial of the cause it was shown on behalf of the plaintiff that Rosalie M. Sehwarze became vested with the title to the land in question on April 20, 1867, and that on March 19, 1900, she conveyed it to the plaintiff by a conveyance which was recorded in the office of the county recorder on April 2, 1900. The habendum clause of the deed contains the following: “subject to any existing liens for street-work.” In its answer to the complaint the defendant alleged that on October 26, 1900, the superior court of San Francisco, in an action upon a street assessment, wherein it was plaintiff and Rosalie M. Sehwarze was defendant, had rendered judgment that certain money was due to it and was a lien upon the said land, and directed a sale thereof for the satisfaction of the lien, and that the said judgment was still in full force. At the trial herein the defendant offered in evidence the judgment-roll in that action, from which it appeared that the action was commenced by it May 25, 1899, for the foreclosure of a street assessment against the land, and that Rosalie M. Sehwarze, John Doe, and Robert Roe were named as defendants therein; that on October 2,…