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BANK OF AMERICA v. EMBRY

Docket No. 10004.

188 Cal.App.2d 425 (1961)

10 Cal. Rptr. 602

BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (a National Banking Association), Respondent, v. ARMSTER EMBRY et al., Defendants; UNITED STATES OF AMERICA, Appellant.

Court of Appeals of California, Third District.

January 24, 1961.

Attorney(s) appearing for the Case

Charles K. Rice, Assistant Attorney General, Lee A. Jackson, A.F. Prescott and George F. Lynch, Attorneys, Department of Justice, Lynn J. Gillard and Laurence E. Dayton, United States Attorneys, Charles Elmer Collett, Assistant United States Attorney, and Joseph O. Greaves, Office of Regional Counsel, Internal Revenue, for Appellant.

Samuel B. Stewart, Robert T. Shinkle and Eldon C. Parr for Respondent.

VAN DYKE, P.J.

This is an appeal from a decree of foreclosure and order of sale of certain real property.

A deed of trust to the subject property was executed in favor of respondent by the defendant Embry on September 18, 1952. It appears from the face of the deed of trust that it was given to secure the payment of a promissory note in the amount of $12,000, together with interest thereon, and to secure the payment of future loans or advances that might be...

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