City Properties Co. v. Fitzmaurice

NOURSE, J.,

pro tem.

Appeal from judgment for defendants in an action to quiet title to real property in Alameda County.

On September 2, 1914, a judgment was recovered in the superior court of San Francisco in favor of Annie M. Cochran, a minor, by her guardian

ad litem,

and against Anne Marham. On September 5, 1914, a transcript of the docket of said judgment was recorded with the county recorder of Alameda County, Anne Marham being then the owner of the property involved in this proceeding. On October 8, 1914, Annie M. Cochran individually made and acknowledged a satisfaction of judgment, which was filed with the county clerk of San Francisco. On October 22d, of the same year, a transcript of the docket of the county clerk of San Francisco County, showing this satisfaction to have been filed, was recorded in Alameda County.

On January 12, 1915, Anne Marham, for a valuable consideration, executed a trust deed to the property to secure a loan, and on October 9, 1916, the trustees under this deed conveyed to one. of the defendants through whom the other defendants claim.

On August 19,1915, a notice was filed in Alameda County of the pendency of an action in San Francisco to set aside as fraudulent to creditors the satisfaction given by Annie M. Cochran on October 8, 1914. On January 12, 1916, said satisfaction was set aside by judgment of the superior court in San Francisco as a fraud upon the creditors of Annie M. Cochran. On February 21, 1916, the sheriff of Alameda County sold the property to appellant by virtue of an execution from San Francisco in the action entitled “Cochran

v.

Marham.” This was subsequent to the execution of the deed of trust of January 12, 1915, but prior to all sales and transfers of title thereunder.

At the time of the trial the action was dismissed as to all defendants other than the actual occupant of the premises and those who held a deed of trust executed November 24, 1916. These all filed cross-complaints, and secured judgment against appellant.

[18]