Rust v. Hill

THE COURT.

This is an appeal by the plaintiff from a judgment entered upon an order sustaining the defendants’ demurrer to the complaint with leave to amend, and the plaintiff’s election to stand upon the complaint as filed.

The plaintiff sued to recover the balance due on a promissory note for $7,600, dated January 1, 1931, and due in three years. The note was secured by a deed of trust on real property of the defendants. Upon default in payment, the real property was sold pursuant to the power of sale in the deed of trust for the sum of $1,000. After application of the proceeds of the sale…