Bennett

This is an appeal by the cross-complainant; Ukiah Fair Association, from a judgment entered against it after demurrer sustained and refusal to amend.

Plaintiff E._ C. Bennett was the owner and holder of a mortgage on certain real property owned by the Ukiah Fair Association, which property was also subject to a prior deed of trust which had been assigned to Herma Bennett. Bennett, as mortgagee, commenced this action to require the trustees, who were then proceeding to sell under the deed of trust, to impound and hold for his benefit any and all funds received in excess of the amount required to discharge the deed of trust. The Fair Association, as owner of the property, filed a cross-complaint, naming as cross-defendants the trustees, respondents herein, wherein it requested a declaration of rights under the deed of trust and a decree restraining any sale of the property by such trustees upon the grounds they had not been properly substituted as trustees, and that they had improperly instituted proceedings to sell within ninety days after the publication of the notice of default and election to sell, and that any sale by such trustees would therefore be invalid and place a cloud…