Brennan v. American Trust Co.

THE COURT.

Motion to affirm judgment. Plaintiffs owned property subject to a deed of trust in the sum of $6,200. They filed a complaint on May 12, 1933, alleging that defendant American Trust Company was threatening to sell the property, and further alleging that due to the economic depression the market for the sale of real property was poor and a sale would be inequitable. The prayer was for an injunction against sale. A demurrer to the complaint was sustained and judgment rendered in favor of defendants. While the proceeding was pending the property was sold by the trustee. Defendants…