Quade v. Fisher

The plaintiffs, who are husband and wife, seek by this procedure to enjoin a sale under a deed of trust, and to cancel that deed, alleging that it was obtained by fraud, that the loan which the deed was designed to secure was never perfected, nor the deed delivered. The land described in the instrument is that of the wife. The answer was for the most part a denial in substance of the plaintiffs’ allegations. A temporary injunction was granted, but on the final hearing this was dissolved and judgment went for the defendants.

It is insisted by appellants : 1st, That the court should have…