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GOODWIN v. ALSTON

Docket No. 5039.

130 Cal.App.2d 664 (1955)

280 P.2d 34

H.T. GOODWIN, Appellant, v. ELWOOD ALSTON et al., Respondents.

Court of Appeals of California, Fourth District.

February 10, 1955.

Attorney(s) appearing for the Case

Albert Lee Stephens, Jr., and Guy Richards Crump for Appellant.

Best, Best & Krieger, James H. Krieger and Arthur L. Littleworth for Respondents.

BARNARD, P.J.

This is a foreclosure action, with a counterclaim based upon the Usury Law.

The defendant Alston owned 400 acres of land on which the defendant Fleming held a trust deed securing a note for $50,000, dated December 12, 1946. In 1948, in two transactions, the plaintiff advanced funds for the purpose of financing the raising of potatoes on this land. In March, he advanced $40,000 and Fleming assigned to him the $50,000 note and trust deed and Alston...

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