Esther Eden v. Philip R. Lauriat

I would dismiss this appeal as frivolous, not in good faith, and maintained solely for the purpose of delay. 62 Stat. 963 (1948), 28 U.S.C. § 2106 (1958); Jimenez v. Barber, 9 Cir., 1958, 252 F.2d 550.

The facts of the controversy are simple. Appellant purchased certain property at a foreclosure sale on or about August 1, 1956; the property was subject to a note and prior deed of trust calling for monthly payments of $82.50, and containing the conventional acceleration clause. At the trial below appellant urged that sometime before the sale a third party or parties, other than the holder of…