Bateman v. Burr

Citations

• 57 Cal. 480

Syllabus

<p>Teüst Deed—Mortgage—Deed—Sale.—The plaintiff borrowed a sum of money from S. L. S., and to secure payment, made a deed conveying real property to B. and S.; S. L. S. was named as party of the third part in the deed, and it recited that it was made to secure said indebtedness, and provided that upon default in payment, and on request of S. L. S., B. and S. should sell the premises. Maid, in an action to enjoin B. and S. from selling, that the instrument conferred a power of sale upon B. and S.</p> <p>Id.—Id.—Id.—Such instrument is not a mortgage, but is, in fact, a deed of trust.</p>