Dunlap

The plaintiff brought this action for the purpose of securing a decree canceling a certain promissory note and a certain deed of trust, said note having been executed in favor of and delivered to the defendant corporation by her and her husband, and said deed of trust executed by her to secure the payment of said note.

The sum and substance of the allegations of the complaint is that the note in suit was and is not, so far as the plaintiff is concerned, supported by a consideration.

The defendants answered the complaint, specifically denying each and all of its material averments, and also filed a cross-complaint, setting forth the facts constituting a history of the transaction leading to this action and declaring that the trustees under the deed had in accordance with the terms of said deed, sold the property which was the subject of said deed at public auction for the sum of two hundred and seventy-five dollars, the highest bid offered for the same, and that, after paying the legal expenses of said sale, the said trustees paid the balance of the sum so received, to wit: the sum of one hundred and thirty-five dollars, to the defendant corporation and that said sum was by it…