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TAHOE NATIONAL BANK v. PHILLIPS

Docket No. Sac. 7857.

4 Cal.3d 11 (1971)

480 P.2d 320

92 Cal. Rptr. 704

TAHOE NATIONAL BANK, Plaintiff and Respondent, v. BEULAH F. PHILLIPS, Defendant and Appellant.

Supreme Court of California. In Bank.

February 5, 1971.

Attorney(s) appearing for the Case

COUNSEL

Paul E. Gervais for Defendant and Appellant.

Beverly & Riley and Melvin E. Beverly for Plaintiff and Respondent.

OPINION

TOBRINER, J.

Defendant Beulah F. Phillips appeals from a judgment of the El Dorado County Superior Court that holds that an instrument entitled, "Assignment of Rents and Agreement Not to Sell or Encumber Real Property" (hereinafter referred to as "the assignment") was intended to be an equitable mortgage, and decrees its foreclosure.

We conclude that this judgment must be reversed...

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