Westberg v. Barcroft

Plaintiff sued defendants for foreclosure of a judgment lien against real property that the defendants owned in joint tenancy. During the lawsuit one of the defendants died. The parties then filed cross-motions for summary judgment on the issue of whether the decedent’s interest in the property was extinguished on his death. The trial court held that it did and, because the underlying judgment that was the subject of the lien was solely against the decedent, that the plaintiff could no longer foreclose on the judgment lien against the property. The trial court granted summary judgment in favor of the remaining defendants and the appellate court affirmed. (JORGENSEN and SCHOSTOK, concurring)