Duran

Duran v. Lynn

Good Law
166 Cal. App. 2d 449·1958 Cal. App. LEXIS 1423·333 P.2d 253
Court of Appeal of CaliforniaDecember 22, 1958Civ. No. 5787California500 words

Opinion

Lead Opinion

Shepard, J.

Plaintiffs filed this action in Riverside County and alleged the delivery to defendants of farm produce from plaintiffs’ ranch in Riverside County for resale by defendants as commission merchants for the account of plaintiffs, and that there is a balance of unpaid indebtedness therefor due to plaintiffs.

The complaint also alleges the execution of a crop mortgage and a deed of trust on said lands to secure advances from defendants to plaintiffs for financing the growing and harvesting of said produce; that such advances have all been repaid by accumulation of credit to plaintiffs from such sales; that defendants refuse to clear plaintiffs’ title from the cloud of the crop mortgage and deed of trust, and pray for compulsory satisfaction of the crop mortgage; reconveyance of the deed of trust; injunction pendente lite; damages; and judgment for unpaid money due from defendants to plaintiffs.

Defendants appeared, filed a demurrer, an affidavit of merits and of residence in Los Angeles County, and a notice of motion for change of venue to Los Angeles County. Plaintiffs filed a eounteraffidavit to the effect that the agreement, the deed of trust, and the promissory note evidencing…

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