De Albergaria v. American Trust Co.

From a judgment in favor of the defendant in an action to quiet title the plaintiff has appealed and has brought up a bill of exceptions. The complaint was in the usual form. In its answer the defendant interposed some denials and then it pleaded affirmatively facts showing that on December 10, 1929, it purchased the property at a sale held by the trustee named in a certain deed of trust. On the trial evidence was introduced showing that notice was given that, the sale would be held on October 29, 1929. On the latter date the sale was continued until November 29, 1929. On the twenty-seventh day of November, 1929, an order to show cause was issued in an injunction case directing the defendants in that case to show cause on December 5, 1929, why an injunction pendente lite should not issue restraining the holding of the sale. Said order contained a passage as follows: “It is ordered that the defendants and each, and all of them, and all their servants, agents and attorneys, and all other persons acting in their behalf, do desist and refrain from selling or attempting to sell, or continuing the sale, of the real property, or any part thereof, described in that certain deed of trust…