Becker v. Lindsay

Opinion

TOBRINER, J.

In this case a plaintiff-creditor appeals from an order quashing a previously issued writ of execution and setting aside the levy upon real property made pursuant to it. The sole question before us is whether a declaration of homestead recorded before judgment defeats a prior attachment lien.

On March 2, 1971, plaintiff filed an action against defendant in the Superior. Court of Lassen County to recover monies owed her on an unsecured promissory note. On March 5, 1971, pursuant to a writ of attachment issued by that court, the Sheriff of Colusa County attached certain real…