The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1892-01-22
ALLEGED FRAUDULENT SALE.
Property Said to Be Worth S12, 900
Sold at Auction for $1,000.
W. S. Kendall, an Interested Party,
Alleged to Be the Only Bidder
Numerous Defendants.

Henry Wittenbrock has commenced
suit in the Superior Court against w. S.
Kendall, +. r. Dray, w. P Coleman, the
Sacramento Savings Bank, C. J. Schiller.
A. Abbott, o. L. Hotchkiss, J. a. Parker
and L. S. Taylor.
Wittenbrock complains that on May y,
1885, j. a. Parker made and delivered to
the Union Building and Loan Associa-
ton promissory note for $4,000, paya-
bic two years after date and bearing in
terest at the rate Of nine per cent. per
annum. That on February %, 1SS8, at
the request of Parker, the corporation
assigned and transferred to plaintiff the
promissory note. in consideration of
$1,000; that on or about April 8, 1891, Par
ker decided to the plaintiff 543 acres of
land; that this deed, though absolute on
its face, was intended as mortgage only,
given to secure the payment of the note
1t IS further alleged. that on December u,
1889, o. +. HOtchkiss, who was then the
OWNER OF THE LAND,
Conveyed it to F. r. Dray and w. P.
Coleman upon trust, to SECURE the pay
ment OF promissOry noteSor 5000 and
interest to the defendant, the Sacramento
Bank. That plaintiff is informed and
believes that there is due the bank under
said deed of trust, Is, 800 or thereabouts
That on or about December 81, 1890, Parker,
who had acquired the interest of Hotch-
kiss, conveyed the same to defendants c.
j. Schiller and A. ABBOTT, upon trust to
secure the payment Of a pronlissory note
made by defendants J. A. Parker and H.
). Taylor for 81 $50 and interest to defend
ant William >. Kendall.
The deed of trust made by Parker to
Schiller and Abbott, it is alleged, con-
tanned a provision that if default were
made by Parker it should be lawful for
Schiller and Abbott TO proceed to sell the
property to satisfy KendalI's claim, first
giving
NOTICE OF PUBLICATION
In newspaper, at least once week for
three weeks. 1t is alleged that Kendall
caused such publication to be made, and
that it was purported to be signed by
Schiller and Abbott, but plaintiff AYERS
that neither Of them executed the notice
nor caused its publication.
1t is aYerred further that on or about
January II, 1892, Kendall employed one
ID. j. Simmons, the auctioneer, to sell the
real property; that Kendall was the only
bidder at the pretended sale. and was de-
cIared the purchaser ut 81 COO Plaintiff
says that the only persons present at the
pretended sale were d. j. Simmons. w.
:. henddII, the IaJterS clerk and Il. ).
Driver, an attorney. Neither Schiller,
Abbott snor Parker were in attendance,
nor did they authorize the sale.
THE SALE FRAUDULENT.
Plaintiff declares that the sale was
fraudulent and void, and that the prop
erty described is worth about 81. 600
He therefore prays that the pretended
sale be declared fraudulent and void: that
his deed be declared to be mortgage;
that it be foreclosed, and that the proceeds
be applied as follows: First, that the
amount due from O. <. Hotchkiss to the
Sacramento Bank be paid; second, that
the amout due from Parker to Kendall be
paid; third, that the amount due from
Parker to plaintiff be paid; fourth. if
any surplus remain, that the same be
paid to j. A. Parker or his assigns.