Levy v. Burkle

Citations

• 2 Cal. Unrep. 778
• 14 P. 564
• 1887 Cal. LEXIS 843

Syllabus

<p>Trust Deed—Fraud as Defense.—In an Action to Foreclose a Trust Deed, where the answer set up that the property conveyed was the separate property of the wife; that her husband had been arrested on a criminal charge, and obtained bail; that he became financially embarrassed; and that the wife signed the trust deed upon the representations made to her by her husband and the plaintiff, who was a creditor of the husband and one of his bondsmen, that unless she signed the deed the bondsmen would withdraw, and her husband would have to go to jail, and would probably be convicted, and go to the penitentiary, and that by signing the deed she would not lose anything, and that the deed would not devest her of her homestead: held, that a demurrer to such answer was properly sustained.</p> <p>Trust Deed—Order of Sale—Bight of Bedemption.—A court has no authority to order a sale of property without the right of redemption given by statute; and it makes no difference whether the security under which the sale is ordered is a mortgage or a trust deed.</p>