Tucker v. Howe

THE COURT.

This action was brought upon a promissory note which contained the recital “this is a deed of trust note subject to a first deed of trust note”. The complaint contained no averment that the note was secured by a deed of trust or otherwise. A demurrer upon general grounds and upon the special ground that the complaint was uncertain in that the nature of the writing securing the note could not be determined from the complaint was overruled, and defendant answered. The cause came on regularly for trial before a jury and plaintiff was sworn as a witness, whereupon the defendant objected…