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.