Orr v. Byers
Court of Appeal of California, Fourth District
244 Cal. Rptr. 13 (1988)
Relevant factsFree
Orr's 1978 judgment against Elliott was recorded with Elliott's name misspelled as "Elliot" and "Eliot," and when Elliott later sold property to Byers, the misspelling prevented the lien from being identified during title research, allowing the sale to proceed without satisfying Orr's judgment; Orr argued the misspellings were phonetically close enough to charge subsequent purchasers with constructive notice.
IssueFree
Whether the doctrine of idem sonans operates to provide constructive notice of the existence of a judgment lien if the judgment debtor's name is incorrectly spelled in the recordation document.
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