Littlefield v. Nichols

Citations

• 42 Cal. 372

Syllabus

<p>Title under Later Sale on Elder Lien Superior to Title under Earlier Sale on Junior Lien.—A title derived under a lien elder in its origin is prima facie superior to a title from a common source, purporting to be derived under a lien junior in point of time, though the judicial sale under the latter may have preceded the sale under the former.</p> <p>Elder Lien under Common Source oe Title must Prevail in Action at Law.—In ejectment, where both parties claimed under liens upon a common source of title, and no equitable defense was pleaded; held, that the title originating under the elder lien, provided it had not been allowed to become dormant, and the foreclosure proceedings were sufficient, must prevail.</p>