Gilmour

In 1910, Mrs. H. J. Gilmour (the wife of the plaintiff and appellant in the present action), together with Arizona Garrison and Mary F. Taylor, commenced an action against North Pasadena Land and Water Company, a corporation. That action resulted in a judgment in favor of the defendant and against the plaintiffs for $378.05, costs of suit. The judgment was affirmed on appeal. (Garrison v. North Pasadena L. & W. Co., 163 Cal. 235 , [ 124 Pac. 1009 ].)

In March, 1913, the judgment creditor caused execution to be issued and placed in the hands of the sheriff of Los Angeles County. The sheriff levied on all the right, title, and interest of Mrs. H. J. Gilmour in and to two lots in the city of Pasadena, and was about to sell them when the plaintiff commenced the present action to enjoin such sale. The complaint alleged, in effect, that the lots were community property of the plaintiff, Howard J. Gilmour, and his said wife, and that the threatened sale would cast a cloud upon plaintiff’s title. An application for a temporary injunction was denied, and the property was sold by the sheriff to J. E. Garrison, who had become the assignee of the judgment obtained by North Pasadena Land and…