Mayhall v. Eppinger

CHIPMAN, C.

Defendants demurred to plaintiff’s complaint for want of facts sufficient to constitute a cause of action. The demurrer was overruled, and, plaintiff declining to amend, defendants had judgment, from which plaintiff appeals.

It is alleged in the complaint that plaintiff executed and delivered to defendant H. Eppinger, Jr., his promissory note, and at the same time executed to said defendant a trust deed to certain land to secure the payment of said note; that after the maturity of the note Eppinger commenced an action by a verified complaint against this plaintiff and his wife,…