Pacific States Savings & Loan Co. v. Vogel

California Court of Appeal

Pacific States Savings & Loan Co. v. Vogel

55 P.2d 1255, 12 Cal. App. 2d 711, 1936 Cal. App. LEXIS 1114

CourtCalifornia Court of Appeal

DecidedMarch 26, 1936

DocketCiv. No. 10526

StatusPublished

Cited by1 cases

This text of 55 P.2d 1255 (Pacific States Savings & Loan Co. v. Vogel) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pacific States Savings & Loan Co. v. Vogel, 55 P.2d 1255, 12 Cal. App. 2d 711, 1936 Cal. App. LEXIS 1114 (Cal. Ct. App. 1936).

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Opinion

THE COURT.

The record herein discloses that in an action to recover a deficiency existing after a trustee’s foreclosure sale of real estate under a deed of trust securing a promissory note, a general demurrer was sustained to the complaint; and the plaintiff has appealed from the judgment of dismissal thereafter entered. Counsel have stipulated that this appeal “may be submitted upon the rule in Brown v. Ferdon, 5 Cal. (2d) 226 [54 Pac. (2d) 712]’’. Under the rule in that case the note and deed of trust here in question, having been executed and delivered'prior to the effective date of section 2924½ of the Civil Code, are not subject to the provisions of said section. The judgment is therefore reversed.

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THE COURT.

The record herein discloses that in an action to recover a deficiency existing after a trustee’s foreclosure sale of real estate under a deed of trust securing a promissory note, a general demurrer was sustained to the complaint; and the plaintiff has appealed from the judgment of dismissal thereafter entered. Counsel have stipulated that this appeal “may be submitted upon the rule in Brown v. Ferdon, 5 Cal. (2d) 226 [54 Pac. (2d) 712]’’. Under the rule in that case the note and deed of trust here in question, having been executed and delivered'prior to the effective date of section 2924½ of the Civil Code, are not subject to the provisions of said section. The judgment is therefore reversed.

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Bluebook (online)

55 P.2d 1255, 12 Cal. App. 2d 711, 1936 Cal. App. LEXIS 1114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pacific-states-savings-loan-co-v-vogel-calctapp-1936.

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