Property · MBE-tested

TITLE INSURANCE AND TRUST COMPANY (a Corporation), Respondent, v. A. R. KINKEL et al., Appellants

7 Cal. App. 2d 623·District Court of Appeal of the State of California·1935·CA

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Opinion

[Civ. No. 9815. Second Appellate District, Division Two. June 14, 1935.] TITLE INSURANCE AND TRUST COMPANY (a Corporation), Respondent, v. A. R. KINKEL et al., Appellants. Prank P. Doherty and William R. Gallagher for Appellants. Bob Wheeler for Respondent. [MAJORITY — CRAIL, J.] CRAIL, J. The questions raised on this appeal are these: Does section 580a of the Code of Civil Procedure, relating to the appointment of appraisers in actions for a deficiency judgment, apply (1) to a trust deed executed prior to its effective date, (2) to a power of sale therein contained and exercised prior to its effective date, and (3) to an action for a deficiency judgment thereunder instituted prior to its effective date? The reasoning in Bennett v. Superior Court, 5 Cal. App. (2d) 13 [42 Pac. (2d) 80], leads inevitably to a negative answer to all of these questions. Judgment affirmed. Stephens, P. J., concurred.