Powell v. Bank of Lemoore

Citations

• 125 Cal. 468
• 58 P. 83
• 1899 Cal. LEXIS 884

Syllabus

<p>Deed of Trust—Sale—Injunction Improperly Allowed—Untruthful Allegations—Action to Redeem.—A sale under a deed of trust, even if in technical violation of an injunction, will not be disturbed in equity, where it appears that the debtor improperly obtained the injunction by untruthful allegations of fact; and in such case, he cannot maintain an action to redeem the property sold.</p> <p>Id.—Maxims—Relief Forbidden to Violator of Equity—Under the application of the maxims, that “no man can take advantage of his own wrong,” and that “he who comes into a court of equity must come with clean hands,” one who has been guilty of conduct in violation of these fundamental principles of equity jurisprudence can have no relief in equity.</p> <p>Id.—Sale in Violation of Injunction not Void.—A sale under a deed of trust, in full violation of an injunction, is not void, but merely voidable, and will only be relieved against upon a proper showing by a party entitled to the consideration of a court of equity.</p> <p>Id.—Findings in Action to Bedeem—Immatebial Omissions—Admission of Pleadings—Offeb to Bedeem afteb Title Passed. The failure to find, in the action to redeem the property sold, that the injunction was issued, is immaterial where that fact was admitted by the pleadings; and the failure to find upon an alleged offer to redeem the property by paying the full amount is immaterial where the complaint shows that such offer was made after the sale and deed of the property, and the court found the ultimate and controlling fact that the title to the land passed by the sale and deed.</p>