Ware v. Heller

BISHOP, J. pro tem.

In this action to recover a deficiency judgment after a sale under a trust deed, the plaintiff sought and obtained a summary judgment, from which the defendants have appealed. A demurrer had been sustained, without leave to amend, to several affirmative defenses which set up statutes of limitations, and that ruling is one of the subjects to engage our attention. So also is defendants’ contention that the judgment should have been limited, under the provisions of section 580a, Code of Civil Procedure, to the difference between the value of the property at the time of sale…