Sorensen v. Hall

This is an action in ejectment. The plaintiff claims title to the real property involved through a trust deed executed by defendant Hall and wife; a trustee’s deed under proceedings foreclosing said trust deed; and a deed from the purchaser at the foreclosure sale. The defendants are Hall, the original owner of said real property, and Hambly, who derived whatever interest he had in said real property through the defendant Hall. At the trial the plaintiff introduced the three deeds mentioned above and rested. Whereupon defendants moved for a nonsuit, which was denied. The only evidence offered by the defendants to dispute plaintiff’s title as shown by the three deeds above mentioned was evidence which tended to refute the recitals in said trustee’s deed. This evidence was objected to by the plaintiff, and the objections were sustained by the court. In their answer, defendants denied certain of the allegations of the complaint. They set up

The main contention of the defendants is that the recitals in the trustee’s deed are not evidence of the facts recited therein, and that it was incumbent upon the plaintiff to offer independent proof sufficient in evidentiary A'alue to establish the facts set forth in the recitals. For instance, the defendants contend that there was no evidence before the court showing that the trustee prior to the sale gave any notice of such sale either by posting or publishing notice of sale as required by law and the provisions of said deed of trust, although the recitals in the trustee’s deed show that notice both by posting and by publication was given as required. The same contention is made in regard to the substitution of a trustee under the trust deed. The trust deed under which the plaintiff claims title to said real property provides: “Any deed,, conveyance, reconveyance or other instrument herein provided for or permitted, may recite any "facts relative to the execution of this trust, or relative to any payment made to the Trustee or Beneficiary, or upon which the legality, effectiveness or regularity of such instrument depends, and such recitals shall be conclusive proof of the truth of the facts recited.” Regarding a provision in a trust deed similar to that in the trust deed now before us, this court has ruled:. “This provision would not, perhaps, preclude the inquiry in an equitable proceeding into the fairness of the sale, or into other matters which on equitable principles might entitle the party injured to relief; but it must be taken as conclusive in a case involving only the legal title, such as the case at bar.” (Mersfelder v. Spring, 139 Cal. 593 [ 73 Pac.. 452 ].) This same point has been before the courts of this state on numerous occasions and the ruling has been invariably against the contention of appellants. (Stimson v. Eckstein, 22 Cal. 580 , 591; Carey v. Brown, 62 Cal. 373 , 375; Jose Realty Co. v. Pavlicevich, 164 Cal. 613 , 617 [ 130 Pac. 15 ] ; Roberts v. Colyear, 179 Cal. 669 [ 180 Pac. 937 ].)

In the last-cited case this court said: “The trustee’s deed did not, by virtue of its recitals, carry to the grantee any better right or title than the trustors had when they executed the deed of trust. But the respondent does not claim

Appellants concede the force and effect of these decisions, but, nevertheless, claim that they were decided upon an erroneous principle of law and that, notwithstanding their unanimity and the long period of time covered by this uninterrupted series of decisions, this court should overrule them and establish the law upon a correct and legal basis, which the defendants contend would mean the rejection of said recitals as evidence and the requirement of independent and direct proof of the facts set forth therein. We hardly think that the appellants are serious in their contention that these decisions of the court should now be overruled and set aside after the many years which they have stood as containing a correct declaration and exposition of the law upon the subject of the regularity and effectiveness of a trustee’s deed. The law announced therein has become a rule of property upon which rests the validity of the title to thousands of pieces of real property in this state of incalculable value, and its revocation at this time by this court would render invalid an untold number of contracts and undertakings which have been entered into by the parties thereto in reliance upon the rule of property established by the decisions above cited. No sufficient showing, in fact, no showing whatever, has been made by appellants that would call for or justify such drastic action on the part of this court.

The further claim is made that the recitals in the trustee’s deed are not recitals of fact, but conclusions of

The contention that the evidence is not sufficient to show title to the real property as against defendant Hambly is without merit. Both plaintiff and Hambly claim title through a common source, that is, through Hall. It was only necessary, therefore, for the plaintiff to prove title from Hall. No contention is made that Hambly acquired any interest in said real property until long subsequent to the' execution and recordation of the trust deed from Hall and wife to plaintiff’s grantor.

The contentions that the property sold was different from that conveyed by the deed of trust, and that the sale was not consummated because the actual cash was not paid at the precise time of sale, are so lacking in merit that a discussion of them is unnecessary. The record is free from error.

The judgment is affirmed.

Langdon, J., Preston, J., Shenk, J., Seawell, J., Thompson, J., and "Waste, C. J., concurred.