Boye v. Boerner

This is an action to quiet title to a lot in Los Angeles County. The plaintiff, John C. Boye,.was given, judgment, and Hedwig Backus, a party defendant and cross-complainant, appeals. The question at issue was whether the rights acquired by respondent through the medium of a sheriff’s deed, issued after sale under execution, in an attachment proceeding, brought against the owner of the lot, took precedence over appellant’s unrecorded trust deed given by said owner several months prior to the levy of the writ of attachment.

The appeal was taken on the judgment roll alone, and the facts as they…