Carpenter

Plaintiffs appeal from a judgment in favor of defendants, predicated upon the sustaining of a demurrer to plaintiffs’ complaint without leave to amend, in an equitable action to set aside a judgment of the superior court decreeing foreclosure of a trust deed as a mortgage, and ordering sale of the property described in the trust deed for the purpose of satisfying the amount due on the note for which the trust deed was given as security. The basis of the complaint is alleged fraud upon the part of defendants.

Plaintiffs 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 the proposed amended complaint which are well pleaded are that:

This is the sole question necessary for us to determine:

This question must be answered in the affirmative. The enforcement of a deed of trust by (1) trustees’ sale proceedings, and (2) foreclosure of the deed of trust as a mortgage, are alternative consistent remedies. The institution of one of such proceedings does not preclude subsequent enforcement of the obligation of the trust deed' by the alternative proceeding. (Commercial Centre R. Co. v.…