BROWNE v. SAN LUIS OBISPO NATIONAL BANK

Nos. 25739, 25797.

462 F.2d 129 (1972)

In the Matter of Ernette Mae BROWNE, Bankrupt, Appellant, v. SAN LUIS OBISPO NATIONAL BANK, Respondent-Appellee. In the Matter of Ernette Mae BROWNE, Bankrupt, Appellee, v. SAN LUIS OBISPO NATIONAL BANK, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing June 21, 1972.


Attorney(s) appearing for the Case

Robert D. Wendt (argued), Davis, Wendt, Mitchell & LeSage, San Luis Obispo, Cal., for appellant-cross appellee.

William R. Fredman (argued), J. Edmund Smith, Grundell, Fredman & Williamson, San Luis Obispo, Cal., for appellee-cross appellant.

Before HAMLEY, WRIGHT and CHOY, Circuit Judges.


CHOY, Circuit Judge:

In this California bankruptcy case, the parties both appeal a district court order affirming the referee's denial of Mrs. Ernette Mae Browne's petition for an injunction halting a sheriff's sale of her homestead property. We reverse and remand.

I

On May 6, 1965, Mrs. Browne obtained an unsecured loan of $3,675 from the San Luis Obispo National Bank (Bank). She signed a promissory note and a document titled "Assignment of Rents...

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