Durst v. Battson

This is an action for an accounting and to enjoin a sale under a deed of trust.

Arcady Apartment Hotel Company, a corporation, made a trust indenture and chattel mortgage in 1927, covering real and personal property, to secure a bond issué, of $1,325,000. The money was used to erect and furnish a hotel on the then unimproved real property. A chattel mortgage on the furnishings was executed in August, 1928, confirming the provisions of the trust indenture in this respect. The hotel business was not successful, and delinquencies occurred in payments under the deed of trust. In 1929 the trustee…