Jensen

Jensen v. Duke

Good Law
1925 Cal. App. LEXIS 442·71 Cal. App. 210·234 P. 876
Court of Appeal of CaliforniaFebruary 9, 1925Docket No. 4495.California754 words

Opinion

lead Opinion

Cabaniss, J.

This appeal, based upon the judgment-roll, is from a decree ordering foreclosure of a mortgage held by plaintiff and later herein to be more particularly mentioned.

The facts, informally stated, are these: Plaintiff executed to A. F. Abbott and F. E. Winnegar a trust deed to a cer tain lot of land as security for $3,750 borrowed by plaintiff from Frank B. Abbott. In August, 1918, plaintiff sold the land to defendant Margaret Duke subject to the trust deed, she giving her note for the purchase price ($1,550), and a mortgage to secure its payment—this being the mortgage plaintiff seeks to foreclose. Plaintiff’s debt to Frank B. Abbott not having been paid, on January 3, 1920, the property was validly sold at trustee’s sale to him (said Frank B. Abbott) ; and on January 19,1920, defendant Margaret Duke purchased the property from Frank B. Abbott. On April 30, 1920, defendants Margaret and George E. Duke sold and deeded the land to defendants J. W. and J. D. de Lange, who, on the fourth day of June, 1921, executed to the defendant Oakland Title Insurance and Guaranty Company as trustee a deed to secure payment of $3,250 loaned the de Langes by defendant Equitable Life Insurance…

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