Darrough v. Herbert Kraft Co. Bank

Citations

• 125 Cal. 272
• 57 P. 983
• 1899 Cal. LEXIS 846

Syllabus

<p>Trust Deed—Payment by Purchaser—Release—Unknown Judgment Lien—Prior Security—Subrogation—A purchaser from the grantor of a trust deed, who has paid off the note secured thereby, and received a release, without actual knowledge of the existence of a subsequent judgment lien upon the premises, is entitled in equity to be treated as the assignee of the note secured by the trust deed, and to be subrogated to the prior security, and to have it revived and enforced as against the holder of the junior lien of the judgment, whose rights cannot be prejudiced thereby, but will be in the same condition as if the trust deed were originally enforced.</p> <p>Id.—Constructive Notice—Docketing oe Judgment.—The constructive notice inferred from the docketing of the judgment does not estop the purchaser, or affect his right to be subrogated to the prior security which was paid off in actual ignorance of the existence of the junior lien of the judgment.</p>