Vaughan
Vaughan v. Peoples Mortgage Co.
Opinion
lead Opinion
Geary, J.
Appellants brought their action to restrain respondent Peoples Mortgage Company from selling certain real property situated in Los Angeles County under a second and a third deed of trust thereon. Appellant Arthur C. Vaughan and Libbie L. Vaughan are husband and wife; appellant Jessie Vaughan is the maiden sister of Arthur C. Vaughan. The appellants’ 'action is based upon the ground that the loan from Peoples Mortgage Company, secured by the second deed of trust, was usurious, and upon the further ground that the real property threatened to be sold was the community property of appellants Arthur C. and Libbie L. Vaughan, which fact it is alleged respondent Peoples Mortgage Company knew, and that the same was subjected to the lien of the second and third trust deeds without the knowledge or consent of appellant Libbie L. Vaughan. Appellants thereupon prayed that the court determine the legality of the second and third deeds of trust and restrain the threatened sale of the premises described therein until after the trial of the action. Respondent Peoples Mortgage Company filed its answer to the complaint denying all of the material allegations thereof. By way of an amended…