Lockwood

Plaintiffs, as trustors under a deed of trust, appeal from a judgment permanently restraining the defendant title company, as trustee, and the defendants Sheedy, as assignees of the beneficiaries, from proceeding under the power of sale contained in said deed of trust insofar as the sale was pursuant to a certain notice of breach and election to sell. The judgment further provided that the injunction was without prejudice to defendants to proceed under a new and different notice, and that each party bear his own costs.

It is first contended by plaintiffs that the court erred in decreeing that the injunction be without prejudice to defendants to proceed under a new and different notice. It is difficult to understand plaintiffs’ contention which appears to be that the court should have permanently restrained defendants from selling the property under the power of sale contained in the deed of trust. No contention is made that the promissory note or deed of trust were invalid for any reason. Furthermore the court specifically found that no payments had been made by plaintiffs upon the promissory note for several months prior to the filing of the notice of default. It would therefore…