Bliss

Two questions for decision: (1) Where a testator bequeaths a life estate in a note secured by a deed of trust on real property to a life tenant with the remainder to another and the trustor becomes delinquent in his payments, is the notice of default and election to sell under the deed of trust signed by the life tenant only with the oral consent and approval of the remainderman a sufficient compliance with legal requirements as to such notice ? (2) Where after a sale of the trust property the purchaser thereof sued the trustors for unlawful detainer pursuant to section 1161a, Code of Civil Procedure, alleging ownership by virtue of her purchase at a trustee’s sale regularly conducted, and such allegations were denied, is the judgment in such action res judicata of an action to set aside the trustee’s sale?

From an adverse judgment in an action to quiet title to certain real property and to nullify the trustee’s sale thereof, plaintiff has appealed.

By his holographic will W. M. Holeman bequeathed to his ■wife, Eva, a life estate in a note secured by trust deed upon Lot 50, Tract 4661 in the city of Glendale, with the remainder to his daughter, Edna Grigsby. The trustee under…