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OAKS v. WEINGARTNER

Docket No. 7957.

105 Cal.App.2d 598 (1951)

234 P.2d 194

G.E. OAKS, Appellant, v. HARTLEY L. WEINGARTNER et al., Respondents.

Court of Appeals of California, Third District.

July 24, 1951.

Attorney(s) appearing for the Case

L.C. Smith for Appellant.

Carlton & Shadwell for Respondents.

VAN DYKE, J.

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 O. 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...

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