Security-First National Bank v. De La Cuesta

Appeal from a judgment for the recovery of possession of real property by the purchaser of the same at trustee’s sale under a trust deed.

Plaintiff’s demurrer on general and special grounds to defendant’s answer was sustained without leave to amend. Leave to amend was not requested and judgment was thereupon entered in favor of plaintiff for possession of the real property. The sufficiency of the various allegations of the answer will be considered in connection with the several points made by appellant to which they relate, all of which are urged in support of the contention that the sale under the trust deed was void.

The notice of sale stated that the sale would be made “at public auction to the highest bidder, for cash, (payable in United States Gold at time of Sale) ”, We are urged to hold that this was a void notice and therefore no notice because at the time of sale, February 16, 1934, by act of Congress of March 9, 1933, and by order of the President of August 28, 1933, and of the secretary of the treasury of December 28, 1933, it was unlawful for any person to hold or retain any interest in gold, gold bullion, or gold certificates, all of which were required to be…