Nohrnberg v. Boley

TAYLOR, J.,

Dissenting. — I concur in modifying the judgment to absolve the bank.

I cannot concur in holding that a lien does not exist during the sixty-day period allowed for filing a claim, or that Moorman could not, under the circumstances, to protect his mortgage, pay during that period the amount of valid liens claimed though not filed, and deduct such payments from the proceeds of the sale.

California has, up to the rendering of the opinion in People v. Moxley, 17 Cal. App. 466, 120 Pac. 43, often referred to the right of a lien as an inchoate right, subject to perfection by filing a…