Kennedy v. Dunn
California Supreme Court
Appeal from a judgment for the defendants in the Twentieth District Court, County of Santa Clara, and from an order denying a new trial in the Superior Court of the same county.
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Appeal from a judgment for the defendants in the Twentieth District Court, County of Santa Clara, and from an order denying a new trial in the Superior Court of the same county. Belden, J. The notice appearing in the transcript (which is otherwise in accordance with the terms of the deed of trust), referred to the deed as dated “ May 17th, 1878the true date was “ May 17th, 1877.” The Court found that before the day of sale overtures had been made by the plaintiff through her attorneys for a settlement of the claim, but that no agreement had been made for a postponement, and that the…
1Opinion of the Court
Ross, J.:
The principal purpose of this action is to obtain a decree vacating a sale made under a deed of trust given by the plaintiff, to secure certain moneys loaned to her by the defendant Dunn.
On behalf of the plaintiff, who is the appellant here, several points are relied on as entitling her to the relief demanded. First, it is claimed .that no sufficient notice of the sale was given; second, that the trustee was not present at the sale; third, that the trustee bought at the sale; fourth, that the plaintiff was misled and deceived by the trustee as to the time of the sale; and fifth and…
2Cases cited6 opinions
- Hawley & King v. JamesNew York Court of Chancery · 1835
- Cranston v. CraneMassachusetts Supreme Judicial Court · 1867
- Model Lodging House Ass'n v. City of BostonMassachusetts Supreme Judicial Court · 1873
- Griffin v. Marine Co.Illinois Supreme Court · 1869
- Gillespie v. SmithIllinois Supreme Court · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Gallup v. County of LibertyCourt of Appeals of Texas · 1909
- Witter v. Bank of MilpitasCalifornia Supreme Court · 1928
- Kugler v. ScarboroughCalifornia Court of Appeal · 1932