Brask v. Cox

RICHARDS, J.

This is an appeal from a judgment in favor of the plaintiffs quieting their title to certain lands located in the county of Alameda. The facts of the case, in so far as they are undisputed, may he briefly summarized as follows:

On the tenth day of June, 1915, one H. A. Thomas, while driving an automobile upon one of the streets in the city of Oakland, ran into and severely injured a minor, named Marcellus Vermont Pearson, who was riding a bicycle along said street at the said time. Thereafter and on January 13, 1916, the said minor by his guardian

ad litem

commenced an action against said IT. A. Thomas in the superior court of said county to recover damages for the injuries which said minor had sustained. That cause went to trial, with the re-

[722]

suit that on the thirty-first day of July, 1916, a judgment was rendered, entered, and docketed in favor of the plaintiff in that action for the sum of $1,000 and costs. Thereafter and on January 25, 1918, at the instance of said plaintiff, an execution was issued in said action, directed to the sheriff of said county, with instructions to levy upon the property • of the defendant therein, and acting thereunder said sheriff levied said execution upon the real property involved in the present action, and on the eleventh day of March, 1918, and after due and legal notice of the time and place of sale, sold all of the right, title, and interest of said H. A. Thomas in said real estate to one Frances Fowler, who was the highest bidder at said sale, for the sum of $1,179.12, and issued to said Frances Fowler his certificate of sale therein, which was duly recorded on the twelfth day of March, 1918, in the office of the county recorder of said county. Thereafter and on the twenty-first day of December, 1918, said Frances Fowler transferred said certificate of sale to Lulu E. Jordan, as the guardian of said Marcellus Vermont Pearson, which transfer was also duly recorded; that, pursuant to said certificate of sale and of the transfer thereof, said Lulu E. Jordan, as said guardian of said minor, would on the twelfth day of March, 1919, have been entitled to a deed from the said sheriff of the county of Alameda to all of the right, title, and interest of said H. A. Thomas in and to said real property. In order to prevent the said sheriff from proceeding with the execution of said deed, and to quiet the title of the plaintiffs herein against the effect of said judgment and execution sale, the present action was instituted. The chain of title upon which the plaintiffs herein rely to sustain this action is as follows: