From Casetext: Smarter Legal Research

Wellborn v. Wellborn

Supreme Court of California
Jul 13, 1948
32 Cal.2d 221 (Cal. 1948)

Opinion

Docket No. L.A. 20035.

July 13, 1948.

APPEAL from an order of the Superior Court of Los Angeles County quashing partial satisfaction of a judgment and reinstating the judgment lien. Goodwin J. Knight, Judge. Appeal from order dismissed.

W.S. Weatherwax and Lorrin Andrews for Appellant.

Barry Sullivan and Harry V. Leppek for Respondent.


[1] This is an appeal from an order quashing the partial satisfaction of judgment of July 18, 1940, and reinstating the judgment lien made on motion in the above entitled action after the findings of fact and conclusions of law were filed in Sullivan v. Wellborn, ante, p. 214 [ 195 P.2d 787] this day decided. Mention is there made of such motion and order. Inasmuch as we have determined in Sullivan v. Wellborn, supra, ante, p. 214, that such partial satisfaction is to be expunged because it was the result of a void execution sale, the issue on this appeal becomes moot. (See Smith v. Bear Valley etc. Co., 26 Cal.2d 590 [ 160 P.2d 1]; Guardianship of Riley, 72 Cal.App.2d 742 [ 165 P.2d 555]; Crocker v. Crocker First Nat. Bank, 60 Cal.App.2d 725 [ 141 P.2d 482]; Crouser v. Boice, 51 Cal.App.2d 198 [ 124 P.2d 358]; Scoville v. De Bretteville, 50 Cal.App.2d 633 [ 123 P.2d 622].) The appeal should be, and therefore is, dismissed.

Gibson, C.J., Shenk, J., Edmonds, J., Traynor, J., Schauer, J., and Spence, J., concurred.


Summaries of

Wellborn v. Wellborn

Supreme Court of California
Jul 13, 1948
32 Cal.2d 221 (Cal. 1948)
Case details for

Wellborn v. Wellborn

Case Details

Full title:NADA TRUSCOTT WELLBORN, Appellant, v. CHARLES WELLBORN, Respondent

Court:Supreme Court of California

Date published: Jul 13, 1948

Citations

32 Cal.2d 221 (Cal. 1948)
195 P.2d 792

Citing Cases

Ready-Mix Concrete Co. v. Perry

rabb v. Coma, 190 Miss. 289, 200 So. 133; Gulley v. Gulf Coast Industrial Loan Co. 168 Miss. 768, 151 So.…

Lunt v. Boris

The court held, also, that having stipulated the $75 a month provision into the decree, the husband was…