Howell v. Dowling

THE COURT.

This is an appeal from a judgment in an action to quiet title originally brought by the owners of real property against the alleged beneficiary and substituted under a deed of trust (defendants and appellants), for the purpose of having declared void the said deed of trust and the promissory note thereby secured. The defendants and appellants by answer and cross-complaint set forth the nature of their claim, asserting in themselves a first deed of trust with an express warranty of title on the property and bringing in as a new party the cross-defendant, and seeking to have the deed…