Eigenhuis

Eigenhuis v. Morris

Caution
136 Cal. App. 333·1934 Cal. App. LEXIS 1035·28 P.2d 928
Court of Appeal of CaliforniaJanuary 22, 1934Docket No. 1408.California1,196 words

Opinion

lead Opinion

Jennings, J.

Plaintiffs instituted, this action for the purpose of vacating a sale of certain real property in the city of Redlands theretofore made by the defendant Security First National Bank of Los Angeles to the defendant Plarry J. Morris. From a judgment rendered in favor of the defendants plaintiffs have appealed.

The record on appeal discloses that the following facts were established by the evidence produced during the trial of the action: Plaintiffs were the owners of lots numbered 19 and 20, Ross & Rausch Addition in the city of Redlands. On May 5, 1930, they executed a promissory note in the amount of $500 payable on June 12, 1931, to James L. Worley and Bertie Worley as joint tenants. To secure payment of the note plaintiffs executed a trust deed conveying the above-described premises to the Security First National Bank of Los Angeles as trustee for the Worleys who were named as beneficiaries in the instrument. The trust deed contained a statement that it was “second to trust deed recorded June 28, 1928, . . . which secures a note of $2500.00”. The prior trust deed was executed by plaintiffs and conveyed the same premises described in the second trust deed to the same trustee for…

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