Snell
Merchants National Trust & Savings Bank v. Snell
Opinion
lead Opinion
Spence, J.
This appeal is taken from a judgment in favor of respondent bank and against appellant in an action for ejectment.
In its complaint respondent alleged that it was the owner and entitled to the possession of certain real property described as lot 50 and portions of lots 22 and 23 and that possession of said property was wrongfully withheld by appellant. The answer denied the material allegations of the complaint. Upon the trial it appeared that respondent claimed title through foreclosure of a deed of trust executed by appellant. On this appeal appellant contends, first, that respondent did not prove a good and sufficient title to the property and, second, that the court- erred in refusing to allow appellant to introduce defenses to respondent’s claim of title which were properly admissible under the general denial.
Appellant’s first contention is based upon various alleged deficiencies in the proof of the notices given of the foreclosure sale. It is claimed that it did not appear that the notices were posted on each lot nor that notices were posted in three public places nor that the notices were posted twenty days prior to the sale nor that the notices were kept posted for said…