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  5. 138 Cal.App.2d 303 (1956)
 

CONNELLY v. BANK OF AMERICA

Docket No. 5227.

138 Cal.App.2d 303 (1956)

291 P.2d 501

LEROY G. CONNELLY et al., Respondents, v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association), as Executor, etc., et al., Appellants.

Court of Appeals of California, Fourth District.

January 5, 1956.

Attorney(s) appearing for the Case

Head, Jacobs, Corfman & Jacobs for Appellants.

Chas. D. Swanner for Respondents.

MUSSELL, J.

This is an action to quiet title and for cancellation of a promissory note and trust deed. Plaintiffs executed the note involved on May 16, 1953. It was for $4,000 and was payable to H.G. Gooder and Helen O. Gooder, or order, in quarterly installments of $166.67, with interest. On June 10, 1953, Gooder and his wife assigned the note and trust deed to E.A. Walker.

On September 30, 1953, Walker called at plaintiffs' place of business to collect the...

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