Grant

Plaintiffs sued to quiet title and to set aside a trustee’s deed on the grounds of fraud. Defendants had judgment, from which the plaintiffs have appealed upon a typewritten transcript.

On March 11, 1918, plaintiffs purchased from defendant Vanoch a piece of property situated in Daly City, San Mateo County, the purchase price of which was fixed at $3,000. One hundred dollars was paid at the time and the plaintiffs executed their promissory note secured by a trust deed for the payment of the balance at the rate of $25 a month and interest upon the deferred payments. This deed named the defendant Grant as trustee and the defendant Vanoch as beneficiary. It was duly recorded and payments made as called for therein until February 9, 1921, at which time the plaintiffs were in default, in principal and interest, in the sum of $150. This amount was paid on March 13, 1921, but on August 28, 1921, the plaintiffs were again in default, owing $150 on the principal and $89.50 in interest. At this time the defendant Vanoch caused to be recorded in the office of the county recorder a notice of default and election to sell. Notice of sale was given by publication and posting and a sale of the…