Wyant v. Crittenden

RUTLEDGE, Associate Justice.

The appeal is from a summary judgment for defendant, which plaintiff says was granted improperly in view of the state of the pleadings.

The suit, begun October 23, 1934, was against trustees and a‘ corporation for discovery, accounting and payment of the proceeds of a foreclosure sale of property under a trust deed executed by plaintiff in August, 1930. Alias summonses served on the corporation and one of the trustees, Hill, were vacated by order of court, and the other trustee, Crittenden, is the only remaining defendant. His motion for vacation of summons was…