Freer

Southern Title & Trust Co. v. Freer

Good Law
120 Cal. App. 423·1932 Cal. App. LEXIS 38·7 P.2d 1113
Court of Appeal of CaliforniaFebruary 2, 1932Docket No. 7123.California586 words

Opinion

lead Opinion

Tappaan, J.

The only facts relevant to the question presented on this appeal are as follows: Plaintiff instituted this action to collect the deficiency remaining unpaid upon two notes executed by defendants, after crediting thereon a sum realized by it from the sale of real property under the terms of a trust deed. From a judgment in favor of plaintiff, defendants appeal.

Appellants’ sole contention on this appeal is that there was an insufficiency of evidence to support the finding of the court that the sale of the real property, described in the trust deed, was regular, and complied with the law and the terms of the trust deed. The deed of trust executed by defendants contained the following:

The above-quoted language applies to the deed issued by the trustee upon a sale of the property. It constitutes a part of the authority granted the trustee, as agent of defendants. This deed was in evidence as well as the deed issued by the trustee to the purchaser upon the sale. This latter deed, .issued, to .the purchaser upon the sale of the property, contained a recital of the performance of all matters necessary to constitute a valid and binding sale. This is conceded by appellants.

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