Majewsky v. Empire Constr. Co., Ltd.

I concur in the conclusion of Justice Mosk that when the Waughs acquired legal title they held this title subject to a trust in favor of the Majewskys, and therefore defendant judgment creditors’ liens did not attach to the realty. I would prefer to rest this conclusion, however, upon a theory of constructive trust.

All three opinions begin with the premise that if, during that scintilla of time when the. Waughs held legal title to the property in question, the Majewskys owned equitable title, then the liens of the Waughs’ judgment creditors cannot attach. As stated in Wheeler v. Trefftzs…