Schut v. Doyle
California Court of Appeal
168 Cal. App. 2d 698 (1959)
B. E. Doyle and Mollie Doyle (defendants) purchased real property from Jennie Page but paid only a portion of the purchase price. Later, the Doyles executed a promissory note to Buena Park Lumber Company (Buena Park), secured by a deed of trust on the property, to cover the cost of lumber and building materials. Then, Transcontinental Credit Service (Transcontinental) secured a monetary judgment in court against the Doyles. Subsequently, the Doyles sold the property to Bert Schut and Winifred Schut (plaintiffs). The Schuts, Transcontinental, and Buena Park did not know that the Doyles had never paid the full purchase price to Page for the property. Finally, Page died, and her estate filed an action in court establishing that the estate had a vendor’s lien on the property in the amount of the unpaid portion of the original purchase price. The Schuts filed an action to quiet their title. The trial court held that the interests in the land had the following priorities: first priority to Buena Park, second priority to Transcontinental, third priority to the Schuts, and fourth priority to Page’s estate. The trial court further held that none of Buena Park’s, Transcontinental’s, or the Schuts’ interests were subject to Page’s vendor’s lien. The executors of Page’s estate appealed.
Rule of Law
Holding and Reasoning (Mussell, J.)
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