St. George v. Meyer

This is an action to set aside a sale under a deed of trust. Defendant had judgment and plaintiff appealed.

The bulk of plaintiff’s brief is devoted to the proposition that deeds of trust are but mortgages, which must be foreclosed by a judicial proceeding. This question is no longer open in California. (Bank of Italy Nat. T. & S. Assn. v. Bentley, 217 Cal. 644 [20 Pac. (2d) 940].; Medico-Denial Discount Corp. v. Title Ins. & Trust Co., 11 Cal. App. (2d) 200 [53 Pac. (2d) 386].)

The objection that the provision in the instrument for payment in gold coin necessitated judicial foreclosure is…