Messenkop

Messenkop v. Duffield

Good Law
128 Cal. App. 541·1933 Cal. App. LEXIS 1238·18 P.2d 67
Court of Appeal of CaliforniaJanuary 5, 1933Docket No. 4578.California917 words

Opinion

Lead Opinion

Tuttle, J.

This action was brought to quiet title to a parcel of land in Los Angeles County. The court found for plaintiff upon all issues raised, and judgment was entered accordingly. The appeal is prosecuted from said judgment.

The grounds relied upon for reversal are somewhat vaguely stated. Neither in the topical index nor in any subheading of appellants’ opening brief is there any clue to the position of appellants upon this appeal. Reading the brief throughout aids little in this inquiry. We can gather, however, that appellants seek to attack certain findings of the trial court, and we shall endeavor to dispose of that contention. Practically the entire time of appellants is occupied with the presentation of matters which, under the circumstances, were within the exclusive province of the trial court.

On April 23, 1927, appellant executed her note for $3,600, payable eighteen months from date, together with a trust deed covering the property in dispute, in favor of W. L. Milne. Thereafter Milne delivered to the trustee a written declaration of default and demand for sale. Thereafter, and on March 30, 1928, a notice of breach and election to sell was duly recorded. A sale was had…

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