Turner v. Marshall

MURPHEY, J.,

pro

tem.

This is an action to quiet title to real property situated in South Pasadena. Plaintiff purchased the property involved in this litigation at a trustee’s sale under a trust deed executed by the Marshalls

[346]

as grantors, the plaintiff being in nowise interested in the lien indebtedness. At the time of the trial of the action, in addition to the Marshalls, several other defendants claiming judgment and attachment liens were separately represented. The judgment was in favor of the plaintiff and against all of the defendants. The defendants Marshall are the sole appellants.

It is the contention of these appealing defendants that the trustee’s deed is void by reason of the fact that the notice of sale was published in a newspaper printed and published in the city of Los Angeles and not published in a newspaper printed and published in South Pasadena, where it is conceded the real property was situated. It is not disputed that the publication was made in a newspaper published in the city of Los Angeles and that no notice of publication was had in any newspaper published in South Pasadena. It is also further contended by the appellants that they had fully consummated an option to purchase this same property from the plaintiff after his purchase of the same at the trustee’s sale. With respect to this matter the court found that the defendants Marshall paid the plaintiff the sum of $1,251.83 for which plaintiff executed and delivered to said defendants an option to purchase said property for the sum of $8,500 at any time before July 20, 1923; that the option to purchase said property was never consummated by said defendants or anyone else in their behalf; that the option expired on July 20, 1923, and that all rights of the defendants therein were lost and terminated. These findings are fully supported by the evidence as disclosed by the record. Section 692 of the Code of Civil Procedure of California provides as follows:

“Before the sale of property on execution or under power contained in any deed of trust, notice thereof must be given as follows:

“3. In ease of real property: By posting a similar notice particularly describing the property for twenty days, in three public places of the township or city where the property is to be sold and publishing a copy thereof once a week for the same period, in some newspaper of general circulation printed and published in the city or township in which the property is situated, ...”