Head v. Fordyce

Citations

• 17 Cal. 149

Syllabus

<p>F., defendant, began suit against the Volcano Water and Mining Company to subject to sale the ditch of that name, including aqueducts, flumes, culverts, dams, cabins, etc., in enforcement of a mechanic’s lien. Subsequently, the ditch, etc., was sold on a judgment in favor of one Harris and purchased by S., from whom plaintiff, as judgment creditor of the company, redeemed, and in due time received the Sheriff’s deed. Afterwards F. had a decree directing a sale of the ditch, etc., to satisfy his lien. Plaintiff sues to quiet title; alleging that F.’s decree is fraudulent; that he had no lien; and that be is about enforcing the decree, which is a cloud on plaintiff’s title : Held, that, aside from any question of fraud, the action lies; that the existence of a decree, founded upon proceedings taken prior to plaintiff’s title, and seeking to condemn the property by virtue of an asserted lien older than such title, would be a cloud upon that title.</p> <p>The statute, (Pr. Act, sec. 254) giving a right of action to a party in possession of real estate to determine adverse claims, does not confine the remedy to the case of an adverse claimant setting up a legal title, or even an equitable title; but the statute embraces every description of claim whereby the plaintiff might be deprived of the property, or its title be clouded, or its value bo depreciated, or whereby the plaintiff might be incommoded or damnified by the assertion of an outstanding title already held or to grow out of the adverse pretension.</p> <p>Plaintiff has a right to be quieted in his title whenever any claim is made to real estate of which he is in possession, the effect of which claim might be litigation or a loss to him of the property.</p> <p>In this case it was not necessary that the bill should aver that plaintiff had no notice at the time of his purchase under the Harris sale of F.’s proceedings to enforce his lien. Such notice is not presumed.</p> <p>Under our statute, the mere pendency of