Johnston

Claiming that the defendants held moneys which the plaintiff theretofore had duly attached, the plaintiff commenced this action to recover the same. The trial court made findings in favor of the defendants and from a judgment entered thereon the plaintiff has appealed.

On the fourth day of December, * 1926, H. C. Groom and Mary L. Groom, his wife, borrowed from the .San Mateo Savings Bank the sum of $3,000 and secured the loan by a promissory note and deed of trust covering certain real property in Redwood City, San Mateo County. The respondents acted as trustees under the deed of trust. On December 17, 1926, the owners executed another note in favor of W. H. Pfafflin and executed a second deed of trust to secure its payment. The Grooms defaulted in payments of money called for by the bank's note and deed of trust with the result that after proceedings required by law, respondents as trustees sold the real property covered by the deed of trust at public auction on the twenty-sixth day of June, 1928. Several bids were made for the property. One A. Hess made a bid of $6,700. W. H. Pfafflin made the highest bid, of $6,800 and thereby- became the purchaser of the property. In making…