Beeler v. American Trust Co.

This is an appeal from a decree of foreclosure and sale made as the outgrowth of previous litigation between the parties (Beeler v. American Trust Co., 24 Cal.2d 1 [147 P.2d 583].) The propriety of the allowance of interest on the obligation established by the prior judgment is the sole point here in issue.

As appears from the findings in this ease, judgment in the original action was entered on November 6, 1939, whereby a deed absolute was declared to be an equitable mortgage of certain real property; plaintiff’s indebtedness to defendant was fixed at the sum of $60,000, plus the sum of…