Monteith v. Welch

Defendants insist that Franks, the trustee, was authorized to receive payment of the notes and to cancel the deed of trust; and hence they are protected by the cancellation entered of record.

The assertion that Franks, the trustee, was authorized to collect the notes and thereupon to cancel the deed of trust finds no support in the evidence or in law.

Plaintiff testified: “I never authorized Mr. Franks or any other person to collect any money represented by these notes secured by the deed of trust.”

The trustee never had possession of the notes or deed of trust. The notes were not due when Welch…