Marks v. Munson

The defendant in error brought suit as the holder of a promissory note secured by a deed of trust, to cancel a tax deed as a cloud on the title of the land covered by the deed of trust, preliminary to a suit to foreclose. The plaintiff in error was in possession of the land, under a tax deed. The complaint alleges the execution and delivery of the note to one William F. Leonard, and the securing of its payment by deed of trust on August 22, 1888, and “that the plaintiff herein is the owner and holder of said note, the same being transferred to him in due course for a valuable consideration.”

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