Carpenter v. Hamilton

Plaintiffs appeal from a judgment in favor of defendants, predicated upon the sustaining of a demurrer to their complaint without leave to amend, in an equitable action to set aside a sale of real property pursuant to a writ of execution issued upon a decree foreclosing a deed of trust.

They also urge that it was error for the trial court to refuse them leave to file a proposed amended complaint.

The essential allegations of the complaint and proposed amended complaint which are well pleaded* are that:(a) Plaintiffs executed a trust deed as security for a promissory note payable to defendant…