Bayer

Bayer v. Barrett

Good Law
127 Cal. App. 305·1932 Cal. App. LEXIS 402·15 P.2d 801
Court of Appeal of CaliforniaNovember 2, 1932Docket No. 8657.California2,364 words

Opinion

Lead Opinion

Nourse, J.

Plaintiffs sued for an accounting, for an adjudication of the default of the trustors under a certain deed of trust and for a judicial sale of the property covered by the deed. The defaults of the defendants Barrett and Hoagland were entered and the cause was tried on the issues raised by the complaint and by the answer of the defendant Security-First National Bank of Los Angeles. Judgment went against the plaintiffs and in favor of all the defendants, including those whose defaults had been theretofore duly entered. The plaintiffs appeal upon typewritten transcripts.

On February 24, 1924, plaintiffs, as owners, conveyed certain real property to defendants Marion Barrett and Mary Hoagland. The latter gave plaintiffs their promissory note for four thousand ($4,000) dollars, payable in monthly installments, and secured by a deed of trust in which the Pacific-Southwest Trust and Savings Bank was named as trustee. On September 1, 1925, the purchasers were in default in their monthly payments under the note and also refused to reimburse plaintiffs for fire insurance premiums and taxes advanced by the latter. Plaintiffs orally informed the trustee of the default and demanded a sale…

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