Lucci v. United Credit and Collection Co.

THOMPSON, J.

The defendant United Credit and Collection Company has appealed from a judgment quieting the title of the plaintiffs Romualdo and Caterina Lucci to the premises in dispute free and clear of all encumbrances, except a mortgage held by the San Francisco Bank as security for the payment of a note in the sum of $2,500; decreeing

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that the defendant has no right, title, interest, claim or lien of any nature in or to the premises, and further, that the execution, the sheriff’s sale based thereon and the sheriff's certificate of sale made to the United Credit and Collection Company are invalid and void and that the declaration of homestead made by the plaintiffs was valid, that all the statements made therein were true and that the declarants had fully complied with the requirements of the homestead law; and enjoining the defendant from asserting any claim, lien or interest in or to the premises.

This action was commenced October 16, 1931, by Romualdo and Caterina Lucci to quiet title to a lot on Grove Street in San Francisco and to remove a cloud from their title consisting of execution proceedings and a sheriff’s sale to the United Credit and Collection Company. On December 2, 1927, the United Credit and Collection Company brought an action against the respondents on a claim for goods sold to Lucci and an attachment was levied upon the property in dispute, which was then held in joint tenancy by Romualdo Lucci, Caterina, his wife, and Frank and Carmelina Oliva, his daughter and son-in-law. On December 14, 1927, the Olivas made a deed conveying to Romualdo and Caterina Lucci “all that certain lot, piece or parcel of land’’, particularly describing it. On the same day Romualdo and Caterina Lucci executed a declaration of homestead, in which they stated that the property was community. Both instruments were recorded on the following day, the deed from the Olivas at 9:34 A. M., and the declaration of homestead at 9:45 A. M. Mr. and Mrs. Lucci defaulted in the action by the United Credit and Collection Company and, on January 24, 1928, judgment was entered against them for $467.22, execution being levied on January 26, 1928. The sheriff’s sale was held March 6, 1928, the United Credit and Collection Company purchasing for the sum of $511, and the sheriff’s return being recorded April 27, 1928. The sheriff’s deed was made on March 8, 1929, and recorded March 14, 1929. It was stipulated at the trial that these various proceedings were taken as required by law and were valid in form.