John A. Vaughan Corp. v. Title Insurance & Trust Co.

GRAY, J., pro tem.

In an action against respondent Pan American Bank, the payee of appellant’s note, secured by a deed of trust, respondent Title Insurance and Trust Company, the trustee named in such deed of trust, and respondents Edward Rainey, State Banking Commissioner, and A. Q. Robison, his deputy, then liquidating said bank, to restrain the threatened foreclosure of said deed of trust upon the ground that the debt had been overpaid, appel-lant recovered a default judgment against all respondents. Upon respondents’ motion supported by affidavits of respondent Robison and their attorneys’…