BENSON v. ANDREWS

Docket No. 21125.

138 Cal.App.2d 123 (1955)

292 P.2d 39

CLEON E. BENSON, Respondent, v. MARK E. ANDREWS et al., Defendants; ANGELA E. HENRY et al., Appellants.

Court of Appeals of California, Second District, Division Two.

December 21, 1955.


Attorney(s) appearing for the Case

Ball, Hunt & Hart, Bruce Mason and Clark Heggeness for Appellants.

George R. Maury, Maury, Larsen & Hunt and Ray L. Mayfield for Respondent.


FOX, J.

This is an appeal from a judgment awarding plaintiff the sum of $9,000 against defendants Angela Henry and George Henry and decreeing foreclosure of a second deed of trust securing that amount in default of payment thereof.

The principal question involved is whether plaintiff, as assignee of a promissory note secured by a deed of trust, may enforce said instruments despite the existence of a defense valid against his assignor.

Defendants Angela...

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