Devens v. Van Valkenburg

ELLISON, P. J. —

This is a proceeding to enjoin a sale under a deed of trust made to secure the payment of a promissory note and to cancel such note. The trial court found for defendant.

*217It appears that on the 22nd of April, 1893, William Fayerweather gave his note to one Shryock, due in five years, for $1800, and also gave him a deed of trust, to defendant as trustee (the deed in question), on certain lands to secure its payment. Afterwards on the 15th of September 1897, plaintiff became the owner of the land subject to the deed of trust. After-wards, on the 22nd of April, 1901, plaintiff took…