Orloff

From a judgment in favor of the plaintiff in a suit in unlawful detainer after sale under a deed of trust, the defendants appealed.

The deed of the trustee recited that said sale was made by him “through his attorney”. It is contended that such recital rendered the deed insufficient as prima facie evidence of title in the vendee, plaintiff and respondent. It is also contended that except through the authority- of section 2924a of the Civil Code the sale could not be conducted by the trustee through his attorney. The appellants seek to invoke the rule announced in Central Sav. Bank v. Lake, 62 Cal. App. 588 [ 217 Pac. 563 ], wherein a recital that by proper resolution the signers of a trustees’ deed had been substituted for the original trustees was held to be insufficient. This section provides: “"Where by the terms of any trust or deed of trust a power of sale is conferred upon the trustee, the attorney for such trustee may conduct the sale and act in such sale as the auctioneer for the trustee.” The deed of trust introduced in evidence was made prior thereto and in 1927, but said sale was held in 1930. The appellants contend that to uphold the same would confer upon said…