Stevens

Stevens v. Hines

Good Law
1923 Cal. App. LEXIS 222·63 Cal. App. 80·218 P. 57
Court of Appeal of CaliforniaJuly 20, 1923Civ. No. 4613.California3,031 words

Opinion

Lead Opinion

Langdon, J.

This is an appeal by the defendants from a judgment enjoining them from selling under a deed of trust certain real property owned by plaintiffs and situated in the county of Sacramento, and also decreeing that the plaintiffs deposit in court the sum due to defendants upon a certain promissory note secured by said deed of trust, which sum was to be paid to defendants upon the reconveyance to the plaintiffs by defendant G. Hines, as trustee under said deed of trust, of said real property.

The following facts appear from the record: On December 5, 1915, respondents executed a note to the defendant P. C. Company for the principal sum of $3,750, payable in gold coin on December 31, 1917. This note bore interest at the rate of eight per cent per annum, payable in gold coin on the last day of each month, in advance. Said promissory note was secured by a deed of trust of certain real property in Sacramento county. The defendant Gabriel Hines, an officer of the P. C. Company, was named as a trustee under said deed of trust.

On October 23, 1917, the time for the payment of said promissory note was extended to and including October 31, 1921. Interest was to be payable monthly, in advance,…

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