Brennan v. American Trust Co.

California Supreme Court

Brennan v. American Trust Co.

45 P.2d 207, 3 Cal. 2d 635, 1935 Cal. LEXIS 462

CourtCalifornia Supreme Court

DecidedMay 21, 1935

DocketS. F. 15009

StatusPublished

Cited by9 cases

This text of 45 P.2d 207 (Brennan v. American Trust Co.) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brennan v. American Trust Co., 45 P.2d 207, 3 Cal. 2d 635, 1935 Cal. LEXIS 462 (Cal. 1935).

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Opinion

THE COURT.

Motion to affirm judgment. Plaintiffs owned property subject to a deed of trust in the sum of $6,200. They filed a complaint on May 12, 1933, alleging that defendant American Trust Company was threatening to sell the property, and further alleging that due to the economic depression the market for the sale of real property was poor and a sale would be inequitable. The prayer was for an injunction against sale. A demurrer to the complaint was sustained and judgment rendered in favor of defendants. While the proceeding was pending *636 the property was sold by the trustee. Defendants herein have moved to dismiss the appeal and affirm the judgment.

Not even the statutory changes in 1933, which regulate sales where deficiency judgments are sought, would, if they were applicable, authorize the relief sought here by plaintiffs. Neither legislation nor judicial decision in this state warrants interference with the normal course of a sale under a deed of trust, conducted in compliance with the law and without fraud.

It would appear, moreover, that the actual sale of the property renders this injunction proceeding moot.

The motion is granted and the judgment is affirmed.

Rehearing denied.

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THE COURT.

Motion to affirm judgment. Plaintiffs owned property subject to a deed of trust in the sum of $6,200. They filed a complaint on May 12, 1933, alleging that defendant American Trust Company was threatening to sell the property, and further alleging that due to the economic depression the market for the sale of real property was poor and a sale would be inequitable. The prayer was for an injunction against sale. A demurrer to the complaint was sustained and judgment rendered in favor of defendants. While the proceeding was pending *636 the property was sold by the trustee. Defendants herein have moved to dismiss the appeal and affirm the judgment.

Not even the statutory changes in 1933, which regulate sales where deficiency judgments are sought, would, if they were applicable, authorize the relief sought here by plaintiffs. Neither legislation nor judicial decision in this state warrants interference with the normal course of a sale under a deed of trust, conducted in compliance with the law and without fraud.

It would appear, moreover, that the actual sale of the property renders this injunction proceeding moot.

The motion is granted and the judgment is affirmed.

Rehearing denied.

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Bluebook (online)

45 P.2d 207, 3 Cal. 2d 635, 1935 Cal. LEXIS 462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brennan-v-american-trust-co-cal-1935.

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