Arnot v. Baird

Citations

• 2 Cal. Unrep. 692
• 12 P. 386

Syllabus

<p>Mortgage — Deed Absolute — Foreclosure—Pleading.—In an action to declare a deed absolute in form a mortgage, and sell tlie property conveyed thereby to satisfy certain notes described in the complaint, where the complaint states that the notes were made payable to parties named, and that a subsequent deed of trust reciting the former deed was made to secure the payment of the amount thereof, and the deed, which is set out in the complaint, states that it was given to secure the payment thereof, the allegations as to the making and delivery of the notes are sufficient to sustain a decree of foreclosure and sale.</p>