Levy v. Burkle
California Supreme Court
APPEAL from Superior Court, Los Angeles County. This was an action to obtain an order to sell certain property under a trust deed.
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APPEAL from Superior Court, Los Angeles County. This was an action to obtain an order to sell certain property under a trust deed. The complaint alleges that, on the 23d of May, P. Burkle, one of the defendants, was indebted to sundry persons in.about the sum of three thousand dollars; that on that day he entered into an agreement with his creditors to pay to the plaintiff, Levy, as trustee, the amounts of his debts, in twelve monthly installments; that, to secure the payment of said sums, Burkle and his wife, Elizabeth Virginia Burkle, executed a trust deed to Levy; that in October, 1885,…
1Opinion of the CourtThornton, J.
The demurrer to the answer of defendant Elizabeth Burkle was properly sustained. We are of opinion that there is error in the judgment in the direction for the sale of the property without the right of redemption. The right to redeem is given by statute, and the defendant cannot be deprived of it by the court. It makes no difference that the security here involved is a deed of trust. It was held at an early day in Kent v. Laffan, 2 Cal. 595, and ever since, that the statutory redemption applied to a sale on foreclosure of a mortgage. ■ If it applies to a mortgage, it as well applies to a deed…
2Cases cited1 opinion
- Kent & Cahoon v. LaffanCalifornia Supreme Court · 1852
3Cited by2 opinions
- Banking Corp. v. HeinMontana Supreme Court · 1916
- Sanders v. HallCourt of Appeals for the Tenth Circuit · 1934