Faucher v. State

MOORE, P. J. From a decree quieting title in respondent, defendants appealed. The background of the judgment consists of the following recitals taken from the supported findings. At some time prior to July 26, 1944, defendant Mrs. Dyer, hereinafter referred to as appellant, became indebted to the Security First National Bank of Los Angeles, and by reason of nonpayment of her debt the bank sued in the Municipal Court of Los Angeles and caused judgment for the sum $68.69 to be entered against her on August 12, 1944, and an abstract thereof to be recorded in the official [993]records of Los Angeles County. On April 4, 1945, execution was issued upon the judgment and pursuant thereto on the following day the sheriff levied upon the property of appellant, to wit: Lot 86 of Tract 5100 in the same county, known and numbered as 1348 South Duncan Avenue, Los Angeles 22. On May 7, 1945, the sheriff sold Lot 86 and all the interest and title of appellant therein to respondent, the highest bidder, for the sum of $83.59 and delivered to the latter a certificate of such sale; and on the 8th day of May, 1946, he delivered to her a deed under execution whereby she acquired all of the interest of appellant in Lot 86 as of April 5, 1945. At the times of the entry of the bank’s judgment, the sale by the sheriff and his issuance of the deed in favor of respondent, appellant was the owner of the lot. While appellant’s codefendants other than the Schefflers claimed to hold a judgment lien against the lot by virtue of a judgment of the Superior Court of Sacramento County, yet such judgment is without any right as affecting the interest, estate and title of respondent.

Upon finding such facts the court concluded and decreed that respondent is the owner in fee simple and entitled to possession of Lot 86 as against defendants all and severally and all persons claiming under them any interest in or to the premises. A motion for a new trial having been denied the defendants other than the state and its stabilization commission brought this appeal. However, no appellant other than Mrs. Dyer has filed a brief.

Her contentions are: (1) that the municipal court did not have jurisdiction of either the subject matter or of the person of appellant in the action of the bank against her; (2) that she was prevented from redeeming the property by the deceptive conduct of respondent; (3) that the sum bid and paid by respondent at the sheriff’s sale was inadequate; (4) that the court abused its discretion in denying a new trial.