Rafftery v. Kirkpatrick

This is an appeal from an order denying the motion of C. L. Cunningham to vacate an order directing the issuance of a writ of assistance and to recall the writ.

On April 6, 1931, Helen Louise Kirkpatrick and her husband were the record owners of four lots in Perris, in Riverside County, which is the property involved in this action. On that day, together with her husband, Leonard Kirkpatrick, she executed a mortgage on this property to secure a prom issory note for $750 payable to Kate Rafftery, due one year after date, with interest at eight per cent per annum. The note was not paid when due.…