Legal Opinion

Grant v. Burr

California Supreme Court

Decided July 1, 1880No. 6,179PublishedCited by 54 opinions

Appeal from an order dissolving an injunction, in the Fourth District Court, City and County of San Francisco. Morrison, J. The complaint alleges that the plaintiff executed to the defendants, Burr and Dean, two certain deeds of trust, of date December 26th, 1867, and February 9th, 1869, conveying a certain tract of land, in trust, to secure the payment of two promissory notes of even dates, made to the defendant, the Savings and Loan.

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Appeal from an order dissolving an injunction, in the Fourth District Court, City and County of San Francisco. Morrison, J. The complaint alleges that the plaintiff executed to the defendants, Burr and Dean, two certain deeds of trust, of date December 26th, 1867, and February 9th, 1869, conveying a certain tract of land, in trust, to secure the payment of two promissory notes of even dates, made to the defendant, the Savings and Loan. Society, and authorizing the trustees to sell upon default; and that the trustees had advertised the land for sale; and prays for an injunction. The Court…

1Opinion of the Court

Department No. 1, McKinstry, P. J.:

1st. The instrument annexed to the complaint, and marked “ Exhibit D,” is a deed of trust, which authorizes the trustees therein named to sell and convey the lands described, upon default in the payment of the note or interest, and is not a mortgage requiring judicial foreclosure. (Koch v. Briggs, 14 Cal. 256.) The doctrine of Koch v. Briggs has never been overthrown by subsequent decisions.

2nd. Appellant’s second point is, that the promissory note “ C ” —secured by the deed, “ D ”—was barred by limitation before “ default ” was declared by the Board of…

2Cases cited2 opinions

  1. Arrington v. LiscomCalifornia Supreme Court · 1868
  2. Koch v. BriggsCalifornia Supreme Court · 1859

3Cited by54 opinions

  1. Bank of Italy National Trust & Savings Ass'n v. BentleyCalifornia Supreme Court · 1933
  2. Regents of University of California v. Hartford Accident & Indemnity Co.California Supreme Court · 1978
  3. Goldfrank, Frank & Co. v. YoungTexas Supreme Court · 1885
  4. Spect v. SpectCalifornia Supreme Court · 1891
  5. Zellerbach v. AllenbergCalifornia Supreme Court · 1893

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