Peters v. Kirkwood Federal Savings & Loan Ass'n

The purpose of this cause is to set aside a foreclosure sale, under a deed of trust, on the ground that the bond or note secured thereby had been "fully paid and satisfied." Defendant, Deuser, was the sheriff and acted as trustee at the foreclosure sale. The defendant, savings and loan association, among other pleadings, filed what is called a cross complaint. The court found against plaintiffs and they appealed.

December 28, 1925, plaintiffs, husband and wife, subscribed for twenty-seven shares of stock ($300 per share) in the Kirkwood Building Loan Association (name later changed), and on…