Hill

Bank of America National Trust & Savings Ass'n v. Hill

Good Law
1937 Cal. LEXIS 414·9 Cal. 2d 495·71 P.2d 258
Supreme Court of CaliforniaAugust 24, 1937Sac. No. 5061California2,391 words

Opinion

Lead Opinion

Curtis, J.

On August 29,1931, defendant F. A. Landon commenced an action in the Superior Court of the County of Shasta against defendants Theo. K. Hill and George Exley. The complaint in said action set forth three causes of action. The first cause of action was for damages for eviction from certain real property. The second cause of action was for conversion of personal property to plaintiff's damage in the sum of $528. The third cause of action was to recover an indebtedness of $528 for goods, wares and merchandise sold and delivered. It is admitted that the second and third causes of action were based upon the same transaction. In that action a writ of attachment was regularly issued and placed in the hands of the sheriff of said county, who duly levied the same upon the real property here involved. On December 30, 1931, and while said action was pending, Hill executed and delivered to the predecessor of plaintiff a trust deed on said property to secure the payment of $1500, which trust deed was duly recorded on January 7, 1932. On April 29, 1932, judgment in said action was rendered in favor of Landon and against Hill for $4,500 damages in the first cause of action, and “that plaintiff…

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