Sorensen v. Hall
California Supreme Court
219 Cal. 680 (1934)
- Written by Daniel Clark, JD
Facts
Hall (defendant) executed a deed of trust encumbering a piece of real property that he owned. The deed of trust contained a provision stating that the trustee could make factual recitals on any deed prepared in execution of the deed of trust. The provision further stated that any such recitals were to be treated as factually conclusive. The trustee initiated foreclosure proceedings, and the property was sold at a foreclosure sale. As part of the proceedings, the trustee prepared a trustee deed. The recitals in the trustee deed provided that the trustee had, as required by the deed of trust, properly given notice of and publicized the foreclosure sale. Sorensen (plaintiff) claimed title to the property tracing back to the foreclosure. Sorensen filed an ejectment action to remove Hall and Hall’s wife from the property. At trial, Hall argued that the trustee had, contrary to the recitals in the trustee deed, not given the foreclosure sale proper notice or publicity. Sorensen offered no evidence to the contrary other than the recitals. The trial court entered judgment in favor of Sorensen, holding that the recitals in the trustee deed, as a matter of law, must be assumed to be true. The Halls appealed.
Rule of Law
Issue
Holding and Reasoning (Curtis, J.)
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