Faucett

Faucett v. Riveroll

Caution
1928 Cal. LEXIS 812·203 Cal. 438·264 P. 1098
Supreme Court of CaliforniaFebruary 25, 1928Docket No. L.A. 9128.California858 words

Opinion

Lead Opinion

Curtis, J.

Action to recover the balance due for grading streets, filling in certain lots, and removing earth from others in a tract of land in the city of Beverly Hills, in the county of Los Angeles, and to foreclose a lien upon said tract of land for said unpaid balance. The prayer of the complaint was as follows: “Wherefore plaintiff prays judgment against defendants for the sum of $5,357.70, with interest from January 28, 1925, and costs; that said sum be declared to be a lien upon the lands heretofore mentioned; that said lands may be ordered sold to satisfy such lien, and that the proceeds may be applied to the costs of sale and upon such judgment; that a deficiency judgment may be entered against defendantsofor the amount of the judgment not satisfied by such sale; and for all other equitable relief in the premises.”

The summons was served upon the defendant, Heilman Commercial Trust & Savings Bank, and said defendant failed to answer. Thereupon its default for failure to answer was regularly entered. The action came on regularly for hearing, and the plaintiff dismissed the same as to all defendants except the defendant Heilman Commercial Trust & Savings Bank. Judgment was thereupon…

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