Phillips
Phillips v. Clifford F. Reid, Inc.
Opinion
Opinion
Plaintiff brought three actions against the defendants, respondents herein. The first was one to quiet title to certain real property; the second to cancel and declare void a certain promissory note, trust deed and contract of purchase, and the third to enjoin certain municipal court actions. The three actions were consolidated in the lower court and tried as one. In the action to quiet title, plaintiff claimed the property in fee. Defendant Chandler claimed that the property was encumbered by a trust deed given to secure the payment of a promissory note executed by plaintiff as a down payment in the purchase from defendant Reid company, of certain other real property hereinafter mentioned. Chandler further' claimed he purchased the note and deed of trust in the due course of business, in good faith and without knowledge or notice of any defect therein, and the said note had not been paid. In the action wherein it was sought to declare void said note and deed of trust and the contract to purchase the real property in question, and other papers in connection therewith, plaintiff alleged that she signed all of said instruments against her will and by reason of her confusion and…