Pacific States Savings & Loan Co. v. Vogel

California Court of Appeal · Civ. No. 10526 · 1936-03-26 · Published · 12 Cal. App. 2d 711 · 55 P.2d 1255 · 1936 Cal. App. LEXIS 1114

PACIFIC STATES SAVINGS AND LOAN COMPANY (a Corporation) v. AUGUST VOGEL

Area: civil

Analysis

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Opinion

THE COURT.

The record herein discloses that in an action to recover a deficiency existing after a trustee’s foreclosure sale of real estate under a deed of trust securing a promissory note, a general demurrer was sustained to the complaint; and the plaintiff has appealed from the judgment of dismissal thereafter entered. Counsel have stipulated that this appeal “may be submitted upon the rule in Brown v. Ferdon, 5 Cal. (2d) 226 [54 Pac. (2d) 712]’’. Under the rule in that case the note and deed of trust here in question, having been executed and delivered'prior to the effective date of section 2924½ of the Civil Code, are not subject to the provisions of said section. The judgment is therefore reversed.

Cites, in this corpus

Brown v. Ferdon L. A. 14775 · 1936-01-28

Cited by

Pacific State Savings Etc. Co. v. Vogel Civ. No. 10256 · 1936-03-26