Livingston v. Rice
California Court of Appeal
131 Cal. App. 2d 1 (1955)
- Written by Daniel Clark, JD
Facts
Leo Rice (defendant) borrowed money from Wade Livingston (plaintiff) in exchange for a promissory note secured by a deed of trust on real property owned by Rice. Rice delivered the note and deed to Livingston in 1947, but the deed was not recorded at that time. In 1950, V. Sechini (defendant) secured a judgment against Rice in court and promptly recorded an abstract of that judgment. Early in 1951, Livingston recorded the deed of trust. Rice defaulted on his note, and Livingston initiated foreclosure proceedings. Sechini filed an answer as a defendant seeking an order that her judgment lien took priority over Livingston’s lien. The trial court found that Livingston’s lien had priority, and Sechini appealed.
Rule of Law
Issue
Holding and Reasoning (Mussell, J.)
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