California Supreme Court August 23, 1935, Sac. No. 4940 (Bennett v. Ukiah Fair Ass'n)

WASTE, C. J.

Motions to dismiss.

Plaintiff, the holder of a mortgage on certain real property owned by the Ukiah Fair Association, appellant here, which property was also subject to a prior deed of trust, commenced this action to require the trustees, who were then proceeding to sell under the deed of trust, to impound and hold for his benefit any and all funds received in excess of the amount