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eBook details

• Title: Whitaker v. Hearnsberger
• Author : Colorado Supreme Court
• Release Date : January 21, 1951
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

After learning of the pending foreclosure sale, Whitakers attorney brought the present suit. In the complaint it is alleged in substance, inter alia, that Whitakers reside in the Philippine Islands; that they are the owners of the property in controversy; that they have made all payments as due on the deed of trust owned by Hearnsbergers; that payments due thereon for October and November had been mailed by them to Hearnsbergers from the Philippine Islands; that the purported assignment of the deed of trust from Hearnsbergers to Garnett was made without consideration for the sole purpose of foreclosure and with intent to defraud; that the parties defendant, except the public trustee, entered into a conspiracy to foreclose the deed of trust without knowledge of, or notice to, Whitakers, and withheld information from the court in filing the application for order authorizing foreclosure, with knowledge that the attorney for Whitakers was acting as agent for them, and that notice could or should have been given him and demand for payment made of him if payment had not been received; that Whitakers had been damaged by said conspiracy in the sum of $10,000; that said defendants had been guilty of reckless, wanton and willful disregard of the rights and safety of Whitakers; that the foreclosure was improperly brought and was not a legal foreclosure; that the application for order of sale therein was a fraud on the court, and that plaintiffs tendered into court a sum equalling the October, November and December payments, which already had been made. This was followed by prayer for every conceivable type of relief.

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