Blythe v. Lamberth
California Court of Appeal
APPEAL from a judgment of the Superior Court of Los Angeles County. John M. York, Judge. Affirmed. The facts are stated in the opinion of the court.
1Opinion of the CourtJames, J.
This is an appeal from, the judgment. The sole contention made is that the holder of a trust deed given to secure a lien upon real property, after exhausting the remedy by sale and finding that a deficiency exists, may not proceed by action to recover the balance due upon the promissory note. This point was directly decided, long before this appeal was taken, against the contention here urged. (Sacramento Bank v. Copsey, 133 Cal. 663, [85 Am. St. Rep. 242, 66 Pac. 8, 205]; Kraft Co. v. Bryan, 140 Cal. 73, [73 Pac. 745].). The appeal is without the slightest merit and should not have been…
2Cases cited2 opinions
- Herbert Kraft Co. v. BryanCalifornia Supreme Court · 1903
- Sacramento Bank v. CopseyCalifornia Supreme Court · 1901