Anderson v. Starr

(dissenting) — I cannot yield my concurrence in the foregoing opinion, even though supported by an overwhelming majority. It is obvious that, since the judgment of respondents against the Outlands was entered March 27, 1925, it became an existing lien against the premises; and when the agreement of April 22, 1925, was made between the Outlands and appellants, it necessarily, by force of law, .was made subject to the lien of respondents’ judgment against the property. The judgment- lien thereupon took superiority, for the mortgage lien was extinguished. Of that judgment, appellants had actual…