Randolph v. Simpson

SOMERVILLE, Judge.

Plaintiff filed suit in two counts. The first count sought attorney’s fee and a deficiency judgment on a note resulting after a trustee sale under a second deed of trust securing the note. The second count sought damages for waste committed by the makers of the note and second deed of trust while in possession of the real property described in the second deed of trust.

The case was tried to the court without a jury. Judgment was entered on December 22, 1971, in favor of plaintiff and against defendants, jointly and severally, for attorney’s fee, the amount of the deficiency…