LUCAS v. JONES

Docket No. 30171.

148 Cal.App.3d 1008 (1983)

196 Cal. Rptr. 437

VIOLET ANN LUCAS, Cross-complainant and Respondent, v. DOSS S. JONES et al., Cross-defendants and Appellants.

Court of Appeals of California, Fourth District, Division Three.

November 15, 1983.


Attorney(s) appearing for the Case

COUNSEL

Best, Best & Krieger, William R. DeWolfe and Michael Grant for Cross-defendants and Appellants.

Musick, Peeler & Garrett, Thomas J. Kelley, Robert M. Zeller and Nicholas A. Cipiti for Cross-complainant and Respondent.


OPINION

CROSBY, J.

Sellers (Jones) sold two parcels of real property in 1973, carrying secondary financing for the buyers. When the buyers transferred the property to subsequent purchasers (Lucas) subject to sellers' loan in 1979, Jones sought to enforce the due-on-sale clause in the promissory note and the deed of trust securing the property. The second sale occurred after the decision...

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