Oaks v. Weingartner

This is an appeal from a judgment which denied to plaintiff his claim that his materialman’s lien was superior to the lien of a deed of trust securing certain advances made after the recordation of the deed of trust. On October 2, 1945, Hartley L. and Nellie 0. Weingartner executed to John and Catherine Pehau, respondents herein, a deed of trust. The instrument recited that it was given as security for the repayment of a loan of $4,178 borrowed by the trustors as evidenced by a promissory note in that amount concurrently executed. The instrument contained provisions that it was also to secure…