Fuller

Appellant brought this action seeking to have it decreed that he was subrogated to the rights of the Los Angeles First National Trust and Savings Bank, hereafter referred to as the respondent bank, the mortgagee named in a chattel mortgage executed by Sue Harwell on certain cattle in Imperial County, which mortgage was paid by appellant upon the demand of the respondent bank after appellant had caused the levy of an execution upon the cattle under a judgment which he held against T. J. Harwell, husband of respondent Sue Harwell. The trial court sustained general and special demurrers to appellant’s first amended complaint with leave to amend. Appellant failed to amend and is here on appeal from the judgment entered against him.

While the separate demurrers of respondents were both general and special, counsel do not seriously consider the grounds of special demurrer in their briefs but confine their arguments and citations of authorities to the general demurrers. We will therefore consider the sufficiency of the allegations of the first amended complaint as tested by the general demurrers to determine whether or not a cause of action is stated.

Both parties refer to and…