Haskell

This is an action prosecuted to enjoin the sale of certain real estate under a trust deed given to secure the payment of money. The plaintiff and appellant is a purchaser of the property, to whom the property was conveyed subject to two trust deeds, the first of which is the one under which the sale was proposed, which sale the plaintiff asked the court to enjoin. There are no questions of fact involved in this appeal, and there is but one question of law. That is, whether a letter hereinafter set forth in full was an offer and tender of unconditional payment of the obligation referred to therein, or whether it was conditioned that plaintiff should be subrogated to the rights of W. W. Taylor in and to the note and trust deed referred to therein, and all rights thereunder as secured by a deed of trust also referred to in said letter. In other words, whether the payment to the Title Guarantee and Trust Company was intended to be, and actually was, a complete extinguishment of the debt, or whether it was an attempt to place the plaintiff Haskell in such a position that he could urge in his own behalf the lien created by said trust deed as a prior lien to the second trust deed held by…