Gilbert v. Carson

Almand, Justice.

The judgment under review is one denying a motion to dismiss, in the nature of a general demurrer, an equitable petition seeking: the cancellation of a deed executed under a power of sale contained in a security deed; an accounting by the defendant to ascertain the proper amount due under the loan secured by such security deed; an order restraining the defendant from encumbering or disposing of the premises described in the deed; and general relief.

The petition of Carson made the following case: His predecessor in title executed a deed, to' secure a loan on certain described…