Ingraham
Ingraham v. Williams
Opinion
lead Opinion
Roche, J.
This suit to foreclose on a deed of trust was filed in the Superior Court of the State of California for Alameda County and removed to the United States District Court by defendant United States of America under the provisions of 28 U.S.C. § 1444 (1952). The real property in question (hereafter called the parcel) is located on Twenty-seventh Street near San Pablo Avenue, Oakland, California, and is described as follows:
Defendant James A. Williams, while owner of the parcel, granted four deeds of trust on it to secure promissory notes. The first deed of trust, in favor of the Central Bank (now First Western Bank & Trust Company), is not in issue because the parties agree that the Bank’s lien is senior to all other encumbrances. The second deed of trust, which was assigned to plaintiff Mrs. Louise Ingraham, is the basis of the complaint for foreclosure. The third deed of trust, in favor of the United States of America, originally secured a note of Williams and now secures a personal judgment for $1,412.55 which the United States obtained on that note; the United States cross-claims for foreclosure on its deed of trust. The fourth deed of trust is not in issue because plaintiff…