Rastelli v. Zaca Mining Corp.

THE COURT.

This is an appeal from an order setting aside a sale of property made after foreclosure of a mortgage.

On April 1, 1939, respondent borrowed $9,000 from and gave them a promissory note secured by an instrument designated a “Real and Chattel Mortgage.” The property was listed therein under two heads. Under the heading of “Real Property” twenty-six mining claims were described. Under the heading of “Personal Property” the following: “All buildings, and improvements located on the above described property or that may be erected thereon, together with all and singular the appurtenances,…