Kuenzell v. California Mutual Building & Loan Ass'n

THE COURT.

On March 25, 1935, Kuenzell and others filed a petition pursuant to the Mortgage Moratorium Act of January 31, 1935 (Stats. 1935, p. 56), to postpone sale of real property under a trust deed. The beneficiary filed a demurrer to the petition, which the court sustained without leave to amend on the ground that the petition was not filed within the time specified by the act. Prom the judgment entered on the court’s order the petitioners have appealed.

A notice of the petitioners’ default under the trust deed had been recorded in November, 1934. The act became effective on January 31,…