Hopkins

The complaint alleges that on July 21, 1920, the defendant executed and delivered to the plaintiff its promissory note for $22,490, setting out the note in full, the note reciting that it is “secured by a deed of trust of even date herewith”; that “the defendant has paid on account of said note, the sum of $10,371.70, including the net amount on foreclosure trust deed sale $1,725.40 as of the date of sale under foreclosure, to wit: December 2, 1925,” leaving due for principal and interest a balance of $12,073.13; that the said sale under foreclosure was held on December 2, 1925, “pursuant to a notice of default recorded by the plaintiff herein in the office of the county recorder ...” and notice of trustee’s sale duly given. •

The answer denies, in the form of a negative pregnant, which therefore constitutes an admission, “that only the sum of $10,371.70 has been paid on account of the principal and interest of said promissory note”; denies “that the net amount realized upon sale of property under the trust deed was only the sum of . . . $1,725.40, or any other sum less than $12,073.13; . . . that any sale whatsoever was held on the 2d day of December, 1925, or at any other time…