La Arcada Co. v. Bank of America

LAMBERT, J., pro tem.

Plaintiff and appellant instituted an action against defendants and respondents for an injunction and declaratory relief to enjoin the sale of certain property pursuant to the terms of a certain instrument which appellant contends is a mortgage and respondents claim is a trust deed. The sale was made and plaintiff then, filed an amended and supplemental complaint seeking to have the instrument declared a mortgage with the consequent right of redemption; and also that if the court should find it was a trust deed that it should be set aside on account of certain…