Murray v. Ready

• Esther F. Murray sued E. J. Beady to recover judgment on the latter’s promissory note, and to foreclose a deed of trust given to secure the payment of the note. The trial court sustained a general demurrer to the complaint, and, the plaintiff electing to stand on her complaint, dismissed the action.

In the complaint the plaintiff prays specifically for a personal judgment for the amount due upon the note. Most of the objections that the defendant makes to the complaint go to the plaintiff’s right to foreclose. These objections need not be considered at this time, because, as the case must be…