PHELPS v. LOUPIAS

Docket No. 14181.

97 Cal.App.2d 350 (1950)

217 P.2d 748

JOHN E. PHELPS, JR., et al., Appellants, v. ROGER LOUPIAS et al., Defendants; ELI ROSEN, Respondent.

Court of Appeals of California, First District, Division Two.

May 4, 1950.


Attorney(s) appearing for the Case

Alfred F. Taddeucci, Eugene H. O'Donnell and Ralph Bancroft for Appellants.

Morris M. Grupp for Respondent.


GOODELL, J.

Appellants sued Roger Loupias, Eli Rosen and several fictitious defendants for declaratory relief, to foreclose a chattel mortgage, and for damages arising from the alleged conversion of personal property. The court decided that the chattel mortgage held by appellants constituted no lien prior to that of defendant Rosen, and awarded judgment in favor of Rosen for his costs, and against Loupias for $12,000 and interest. This appeal followed.

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