Salazar v. Steelman

ROTH, J., pro tem.

In this case suit was brought on a promissory note. The note pleaded in haeo verba recites that it is secured by a deed of trust. The answer pleaded, the evidence in the case showed, and the court found that it was in fact so secured. There are no allegations in the complaint, nor was there any evidence upon which findings could be made and there are no findings that the security was exhausted or had become valueless, or that the trust deed or note contained any covenants giving to the plaintiff, respondent here, the right to bring an independent action on the note. There is…