Bank of America National Trust & Savings Ass'n v. Sunseri

Opinion by

Mr. Justice Simpson,

Plaintiffs sued upon a note for $17,500, executed in California, for which they had been given, as security, a deed of trust for certain land in that state. The execution and authenticity of the instruments are admitted, and the only defense interposed, to the balance claimed to be due, grows out of alleged errors in the sale of the land described in the deed of trust. The court below entered judgment for want of a sufficient affidavit of defense, which we now affirm on this appeal by defendants.

The only interesting point in the case is as to the change in…