Mullen v. Fridley

HOGAN, Judge.

Plaintiffs brought this action in two counts to: 1) cancel a note and deed of trust, and 2) to enjoin exercise of the trustee’s power of sale pending disposition of the cause on its merits. The trial court has entered a decree cancelling the note and deed of trust, and has permanently enjoined sale of the property to satisfy the deed of trust. Defendant appeals.

The operative facts of the case were in spirited conflict, but on the record the trial court might reasonably have found that in the fall of 1974, defendant Norris Fridley was a licensed real estate broker with an office…