Howe v. Tucker

For a chronological statement of the facts herein reference is hereby made to the opinion of this court on a petition for supersedeas in the cause entitled Tucker v. Howe, 217 Cal. 23 [17 Pac. (2d) 103],

Appellants properly state the sole legal question involved as follows: “Is an action for the cancellation, upon the grounds of fraud and undue influence of, or for the determination of a trust in, a note and a deed of trust securing the note, in which deed of trust the trustee therein named is a person other than the payee of the note, a transitory action so that venue of the trial thereof…