Legal Opinion

Community Lumber Co. v. Chute

California Supreme Court

Decided March 29, 1932No. Docket No. L.A. 10156PublishedCited by 7 opinions

1Opinion of the CourtPreston, J.

Five actions to foreclose mechanics’ and materialmen’s liens on certain real property in Los Angeles, consolidated for trial and judgment.

The parity, verity and amount of the claims are not in dispute; neither is the efficacy of the liens securing them. The sole question is one of priority as between the lien claimants and the holders of three sets of promissory notes secured by three deeds of trust upon the property, with the collateral question as to the true amount due, if it be found that the first deed of trust is entitled to priority.

The court below gave the lien claimants a third…

2Cases cited3 opinions

  1. Haines v. Commercial Mortgage Co.California Supreme Court · 1927
  2. Smith v. Anglo-California Trust Co.California Supreme Court · 1928
  3. W. P. Fuller & Co. v. McClureCalifornia Court of Appeal · 1920

3Cited by7 opinions

  1. Pacific Ready Cut Homes, Inc. v. Title Insurance & Trust Co.California Supreme Court · 1932
  2. Community Lumber Co. v. California Publishing Co.California Supreme Court · 1932
  3. Brown v. Guar. Mortg. Co. of Cal.California Supreme Court · 1934
  4. Mortgage Guarantee Co. v. Hammond Lumber Co.California Court of Appeal · 1936
  5. McConnell v. Mortgage Investment Co. of El PasoTexas Supreme Court · 1957

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