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Title Insurance & Trust Co. v. Kinkel

California Court of Appeal · Civ. No. 9815 · 1935-06-14 · Published · 7 Cal. App. 2d 623 · 46 P.2d 778 · 1935 Cal. App. LEXIS 788

TITLE INSURANCE AND TRUST COMPANY (a Corporation) v. A. R. KINKEL

Area
civil
Panel
Crail (author)

Analysis

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Opinion — Crail

CRAIL, J.

The questions raised on this appeal are these: Does section 580a of the Code of Civil Procedure, relating to the appointment of appraisers in actions for a deficiency judgment, apply (1) to a trust deed executed prior to its effective date, (2) to a power of sale therein contained and *624exercised prior to its effective date, and (3) to an action for a deficiency judgment thereunder instituted prior to its effective date?

The reasoning in Bennett v. Superior Court, 5 Cal. App. (2d) 13 [42 Pac. (2d) 80], leads inevitably to a negative answer to all of these questions.

Judgment affirmed.

Stephens, P. J., concurred.

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