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COLLINS v. HOME SAVINGS & LOAN ASSN.

Docket No. 25878.

205 Cal.App.2d 86 (1962)

22 Cal. Rptr. 817

ROBERT F. COLLINS et al., Plaintiffs and Respondents, v. HOME SAVINGS AND LOAN ASSOCIATION, Defendant and Appellant.

Court of Appeals of California, Second District, Division One.

June 26, 1962.

Attorney(s) appearing for the Case

McKenna & Fitting and Paul Fitting for Defendant and Appellant.

McLaughlin & McLaughlin and James A. McLaughlin for Plaintiffs and Respondents.

LILLIE, J.

The sole question involved in this litigation concerns the relative priority of the liens of a purchase-money trust deed held by respondents as sellers, and a deed of trust on the same land which was given to appellant as security for money advanced to the purchasers for construction purposes. Joined as defendants were the purchasers of the land and the contractor building on it (referred to hereinafter as the "Condon group"),1

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