Graham v. Hunt

California Court of Appeal Jan 12, 1932 No. Docket No. 8149.Published

Before: Ward

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Holding. The court held that an order vacating a sale of homestead property due to unreasonable delay by the judgment creditor effectively quashes the execution proceedings and discharges the judgment lien against the homestead. Consequently, the property remains exempt from execution, and the owners are entitled to quiet title against the judgment lien.

Issues

Whether an order vacating an execution sale of homestead property discharges the judgment lien against that property.
Whether equitable principles, such as the 'clean hands' doctrine, preclude homestead owners from quieting title against a judgment lien obtained for fraud.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The order vacating the order for sale quashed the proceedings under sections 1245-1259 of the Civil Code, and thereby discharged the lien against this homestead property.”

“A judgment lien not effective against a particular piece of property cannot be used as a claim of title”

“There is no question here about the morality of the transaction. It is simply a matter of statutory provision.”

[587]

WARD, J.,

pro tem.

This is an appeal by defendants from a judgment quieting title of plaintiffs to certain property in Los Angeles County. The complaint is in the form ordinarily used in quiet title actions. The answer sets up a claim based upon a judgment in the sum of $6,090.12 with interest and costs rendered in an action wherein the present plaintiffs were defendants and the present defendants were plaintiffs. The answer further sets forth that on the eighth day of September, 1927, the judgment was duly entered and an abstract of such judgment recorded on the thirteenth day of September, 1927; that at the time of recordation the present plaintiffs were the owners of the property which is the subject of this action to quiet title. The answer also alleges that the judgment has not been paid or satisfied and that since recordation the judgment has been a lien on the property of plaintiffs and respondents herein. The court found that a good, valid and sufficient declaration of homestead had been recorded by the Grahams prior to the recordation of the abstract of judgment. The court further found that proceedings were duly commenced for the purpose of reaching the excess of value of the property over and above the statutory exemption allowed to homestead claimants; that an execution was issued and levied, the property appraised, an order made for its sale and the execution returned unsatisfied; that after the execution was returned the court made a further order that the order of sale of the property and the execution thereon be vacated on the ground that the plaintiffs (the Hunts) had unreasonably delayed the proceeding to reach the excess value of the property above" the exemption allowed homestead claimants; that the last-mentioned order was made more than sixty days prior to the trial of the present action and that such order was final. Upon the findings of fact the court stated the conclusions of law and ordered judgment and decree for plaintiffs and respondents herein quieting all claims, etc., of the defendants “so long as the homestead remains in full force and effect”.

Property homesteaded by the head of a family in excess of $5,000 may be executed upon by a judgment creditor by applying to the superior court where the property is situated for the appointment of appraisers to value the

Graham v. Hunt

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WARD, J.,

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