Perry
Perry v. West Coast Bond & Mortgage Co.
Opinion
Lead Opinion
Nourse, J.
Plaintiff and her seven associates had defaulted upon their obligation to pay to the defendant a promissory note in the sum of $50,000 and the real property covered by the deed of trust as security for the note was sold pursuant to the terms of the trust deed. Thereafter the defendant herein commenced an action against this plaintiff and her associates to recover the deficiency due after the trustee’s sale. The makers of the note then commenced an action against the Mortgage Company to have an involuntary trust declared in the property because of alleged irregularities in the sale. Soon thereafter the Mortgage Company commenced an action against the makers of the note in unlawful detainer and for damages for the detention of the property. These three actions were consolidated for trial, whereupon the parties entered into a stipulation in writing agreeing that an interlocutory judgment in all three cases should be entered forthwith decreeing that (a) the Mortgage Company was the owner of all the real property involved; (b) the makers of the note were guilty of unlawful detainer of said property; by which (c) the Mortgage Company was damaged in the sum of $2,201.64; (d) the Mortgage…