Albertson v. Westlake
R. ALBERTSON, Appellant, v. W. J. WESTLAKE Et Al., Defendants; BANK OF ITALY Et Al., Respondents
- Proceeding
- appeal from a judgment
- Trial court
- Superior Court of Alameda County
- Trial judge
- J. J. Trabucco
- Outcome
- affirmed — Affirmed.
- Area
- civil
- Panel
- John T. Nourse (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Nourse
NOURSE, J.
This is an appeal from a judgment in favor of defendants in an action to foreclose a mortgage on real property. The mortgage was executed by one West-lake to the plaintiff. Thereafter Westlake executed his deed of trust to the Citizens Bank of Pruitvale, predecessor of defendant Bank of Italy, covering the same property. This deed of trust was recorded prior to the recordation of the mortgage. The trial court found that, at the time of the making and delivery of the deed of trust, the plaintiff, for a valuable consideration, entered into an agreement with the Citizens Bank that he would waive and relinquish the priority of his said mortgage over said deed of trust; that said deed of trust should be .a prior and superior lien upon said real property, and that the lien of plaintiff’s mortgage should be second or inferior to said deed of trust.
The only attack upon the judgment is based upon the ground that the evidence does not support these findings.
*306 We have examined the record and find that there is sufficient evidence to support each finding under attack.
Judgment affirmed.
Sturtevant, J., and Langdon, P. J., concurred.
A petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on July 26, 1923.