Schisler v. Mitchell

This is an action in which plaintiff, trustor of the property involved, sought to have the trustee’s sale set aside or, in the alternative, damages in the sum of $120,000. As alleged in the complaint and in a subsequent amended complaint, the plaintiff, on October 17, 1957, signed a promissory note in the amount of $55,000, which was secured by a deed of trust in favor of the moving defendant, hereafter referred to as defendant. This note provided that the plaintiff would pay the defendant $2,000 on May 1, 1958, and the balance in subsequent payments.

According to documents filed with this…