Atkinson

From a judgment in favor of plaintiff for the sum of $572 and costs, defendants prosecute this appeal.

On December 10, 1914, Alfred H. Borchard and Mabel Borchard executed two deeds of trust, conveying to trustees the same real property in the city of Sacramento, owned by them, the first deed of trust securing a promissory note for two thousand dollars, payable to Mary Phleger, and the second securing a promissory note for one thousand dollars, payable to the plaintiff. On February 5, 1917, no payments of principal or interest having been paid', plaintiff caused his trustees to sell the property, he becoming the purchaser thereof, and a deed to him from the trustees was recorded February 8, 1917.

On June 13, 1917, Luise Borchard, mother of Alfred H. Borchard, took an assignment to her from Mrs. Phleger of said first deed of trust and recorded said assignment on June 15, 1917. The property was sold, under said first deed of trust, on July 7, 1917, Mrs. Luise Borchard becoming the purchaser, and she received a deed from the trustees reciting that they" had received for the property the sum of $2,720 in gold coin. Before any bids were received, the persons present, including the…