Hapke

Appeal is taken from a judgment in an unlawful detainer action, filed pursuant to section 1161a, subdivision 4, Code of Civil Procedure, finding plaintiff is the owner and entitled to possession of certain real property located in the city of Ventura, California.

The evidence discloses that in August of 1958, C. Samuel Johnson, plaintiff herein, loaned defendant and her husband, Raymond Hapke, the sum of $10,000. This loan was evidenced by a promissory note payable in monthly installments. The note was secured by a deed of trust covering the real property which is the subject of this action. This deed of trust was subordinate to a deed of trust on the same property securing an obligation of defendant and her husband to a corporate lender. The note secured by the first deed of trust was in the approximate sum of $25,000 at that time.

In December of 1958, Raymond informed plaintiff that he and defendant could only repay the loan to plaintiff by transferring title to the real property to him. At the time of this conversation one installment on the note secured by the second deed of trust was in arrears. Plaintiff was requested by Raymond to accept a deed to the property and assume…