California Courts of Appeal, 1936

Pacific States Savings & Loan Co. v. Vogel

Pacific States Savings & Loan Co. v. Vogel
California Courts of Appeal · Decided March 26, 1936 · Civ. No. 10526
12 Cal. App. 2d 711; 55 P.2d 1255; 1936 Cal. App. LEXIS 1114
Pacific States Savings & Loan Co. v. Vogel

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

THE COURT.

The record herein discloses that in an action to recover a deficiency existing after a trustee’s foreclosure sale of real estate under a deed of trust securing a promissory note, a general demurrer was sustained to the complaint; and the plaintiff has appealed from the judgment of dismissal thereafter entered. Counsel have stipulated that this appeal “may be submitted upon the rule in Brown v. Ferdon, 5 Cal. (2d) 226 [54 Pac. (2d) 712]’’. Under the rule in that case the note and deed of trust here in question, having been executed and delivered'prior to the effective date of section 2924½ of the Civil Code, are not subject to the provisions of said section. The judgment is therefore reversed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.