Roesch
Roesch v. De Mota
Opinion
Opinion
Shenk, J.
This action was brought by the plaintiffs as parties beneficially interested in certain mining property in Calaveras County, for an accounting and to enjoin a scheduled sale by the trustee under two deeds of trust. Plaintiff Roesch is the beneficiary under a junior deed of trust held by her, and which was foreclosed. At the foreclosure sale John S. DeLancey bought the property and holds title for the benefit of plaintiffs and Calaveras Central Mining Corporation and Calaveras Central Gold Mining Co., Ltd., as their interests may appear. The other two plaintiffs are judgment creditors of the defendants Calaveras Central Mining Corporation and Victor Land and Mineral Company, respectively. The defendants Clara P. De Mota and Antonio Mota were not served nor did they appear in the action, although they are the holders of the two notes and deeds of trust sought to be foreclosed by the defendant B. 0. Erickson, as trustee under the deeds of trust. Defendant Calaveras Central Gold Mining Co., Ltd., is the lessee of the real property. For the purposes of this opinion, Calaveras Central Mining Corporation will be referred to as Calaveras, and Victor Land and Mineral Company will be…