Kline v. Vogel

This is in the nature of a suit in equity to set aside a sale-of property under a deed of trust. The property was sold in August, 1877, and this suit was brought in March, 1880,. or near!)' three years afterwards. The plaintiffs had purchased the property in question as tfenants in common, and,, for convenience, had taken the title in the name of the plaintiff Pattison, and he had executed and recorded a declaration of the trusts upon which he held the legal title. At the-time it was thus purchased by the plaintiffs, there was an encumbrance upon it by deed of trust to the amount of' $5,000.…