Sav. & Loan Soc'y v. Deering

Citations

• 66 Cal. 281
• 5 P. 353
• 1885 Cal. LEXIS 412

Syllabus

<p>Trust Deed—Sale by Trustee—Recitals nr Deed by Trustee—Ejectment. —Where a deed of trust provides that in case of default the trustees shall, on application of the creditor, sell the premises to them conveyed at public auction to the highest bidder for cash, and authorizes them to establish as a condition of sale that the creditor may bid and purchase thereat, recitals in a deed executed by the trustees to such creditor, who purchased at the sale, to the effect that the sale was at public auction to the highest bidder for cash, and that the trustee did, as a condition of the sale, permit the creditor to bid and purchase, ar e prima facie evidence of the facts so recited, although the deed of trust is silent as to their effect; and in an action of ejectment by the purchaser, evidence dehors the deed is not necessary to show title and right of possession in the plaintiff.</p>