Bolton v. Logan

MARKS, J. This is an appeal from a judgment quieting plaintiff’s title to six mining claims in Inyo County, California.

The chains of title of both parties find a common source in the Big Silver Mining Company, a corporation.

On November 6, 1933, Dana R. Weller was receiver of the Los Angeles Financial Center Building Company. On that day, he, as such receiver, recovered judgment against the Big Silver Mining Company, and others, in the sum of $10,552.50. An abstract of this judgment was duly recorded in Inyo County on November 10, 1933. On September 8, 1934, Dana R. Weller, as such trustee, bought the property at sheriff's sale and received a certificate of sale therefor. On October 8, 1935, he received a sheriff’s deed to the property. Subsequently, after due authorization, Weller, as receiver, conveyed the property to plaintiff.

If he had been permitted to do so, defendant probably would have been able to prove the following chain of title: On November 1, 1933, the Big Silver Mining Company executed its mortgage on the same mining claims (excepting one claim called the Big Bobby) to secure a promissory note for $5,119.45, and interest, payable to C. F. Story. This mortgage was recorded on November 2, 1933, in Inyo County. On February 13, 1934, action by an assignee of the mortgagee was instituted in Inyo County to foreclose the mortgage and a Us pendens was duly recorded. On December 24, 1934, a decree foreclosing the mortgage was entered. On August 19, 1935, the mortgaged property was sold by the sheriff of Inyo County to defendant at foreclosure sale. A sheriff’s deed was executed to defendant. The copy of the deed in the record bears date of July 19, 1936. It was acknowledged and recorded on August 20, 1936, and recites the fact of the foreclosure sale on August 19,1935, and that one year had elapsed since such sale. No point was made in the trial court, nor is made here, that the sheriff’s deed is dated July 19, 1936, less than one year after the foreclosure sale.

The plaintiff proved his chain of title by documentary evidence and rested. Defendant then attempted to prove his [32]chain of title. He first offered the decree of foreclosure of the mortgage. Plaintiff objected to its admission in evidence because Dana R Weller was not made a defendant to the foreclosure action. This objection was sustained. Counsel for defendant then offered to prove defendant’s chain of title which was alleged in his answer and affirmative defense. He also offered other documents in that chain. The same objection was made and sustained.