Carpenter v. Title Insurance & Trust Co.

Plaintiffs brought this action against the trustee under a deed of trust to recover damages by reason of its failure or refusal to proceed with the sale of the property described in the conveyance after notice of default and election to sell under the instrument had been recorded and the note and trust deed had been delivered to the trustee. A general demurrer was sustained without leave to amend and the judgment of dismissal was entered from which comes this appeal.

The substance of the complaint is as follows: Plaintiffs executed a deed of trust to secure their promissory note in the sum of…