Lange

Plaintiffs, Marvin and Shirle Lange, as holders of a promissory note, brought this action against defendants, Clyde and Dolores Reinke and Florence Aver Hill, as endorsers of this note. Following a trial by the court, judgment was entered in favor of plaintiffs and against all defendants for the principal and interest due on the note and for attorney’s fees provided for therein. From this judgment Hill appeals, contending that plaintiffs’ recovery on the note is barred by the provisions of Code of Civil Procedure sections 580a, 580b, and 580d and that Hill’s liability on the note was discharged by the provisions of Civil Code section 3201.

The Record

The facts, which are essentially undisputed, are as follows: On May 25, 1960, the Reinkes, husband and wife, sold certain real property owned by them to Henry and Rosemary Eddington and Joseph and Anita Debro. As part of the purchase price the Eddingtons and Debros executed a promissory note in the amount of $5,000 payable to the order of Clyde and Dolores Reinke. The note, which was delivered to the payees, was secured by a deed of trust on the property purchased by the Eddingtons and Debros, this deed of trust being subordinate to…