Barrow

Barrow v. Santa Monica Builders Supply Co.

Good Law
1937 Cal. LEXIS 433·9 Cal. 2d 601·71 P.2d 1108
Supreme Court of CaliforniaSeptember 28, 1937L. A. No. 15371California1,783 words

Opinion

Lead Opinion

Nourse, J.

On January 2, 1925, the owner of the real property which is the subject of this action to quiet title executed a trust deed in favor of one Stewart, which deed was recorded on January 6, 1925, and the note secured thereby was later assigned to one Ross. On February 20, 1926, the property was sold under foreclosure by the trustee to Barrow, who is the plaintiff and respondent herein. Some time during the month of January, 1925, materials were furnished for the construction of a building upon the premises out of which liens attached which were foreclosed in a proceeding in which Barrow was served as a defendant “First Doe”, and the trustee and the beneficiary were both sued and served. Those actions were commenced in June, 1925, and were consolidated for trial. No answer was filed by Barrow or by the trustee, and their defaults were entered. The beneficiary answered disclaiming any interest in the property. Judgment was entered against all the defendants sued therein decreeing that their claims or interests in the property were subject and subordinate to the claim of the mechanics’ liens. On May 27, 1930, the property was sold to satisfy these mechanics’ liens, and the Santa Monica…

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