COAST BANK v. MINDERHOUT

Docket No. L.A. 27261.

61 Cal.2d 311 (1964)

392 P.2d 265

38 Cal. Rptr. 505

COAST BANK, Plaintiff and Respondent, v. W.J. MINDERHOUT et al., Defendants and Appellants.

Supreme Court of California. In Bank.

May 21, 1964.


Attorney(s) appearing for the Case

F.W. Audrain and Abraham Resisa for Defendants and Appellants.

Baker, Farnham & Began and William D. Began for Plaintiff and Respondent.

Morrison, Foerster, Holloway, Clinton & Clark, Russell E. Teasdale and Robert D. Raven as Amici Curiae on behalf of Plaintiff and Respondent.


TRAYNOR, J.

Defendants appeal from a judgment foreclosing an equitable mortgage on certain real property in San Luis Obispo County. The trial court overruled defendants' general demurrer and upon defendants' failure to answer the complaint decreed foreclosure and ordered a sale of the property. (See Code Civ. Proc., § 585, subd. 4.)

From January 18 to November 12, 1957, plaintiff bank1 made several loans to Burton and Donald...

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