Maurice

The defendants and appellants executed their note in the sum of $1600 in favor of the plaintiff, and secured it by the execution of a second mortgage upon certain real property in Riverside County, subject to a deed of trust to secure the repayment of $3,500. The property was conveyed to the defendant W. H. Weeks, who assumed and agreed to pay the encumbrances, but who although named as a defendant was never served with process and never appeared in the action. Upon default in the payment of the note plaintiff brought action for the recovery of the principal sum with interest, alleging that the property had been sold under the deed of trust already mentioned, and that hence the obligation was no longer secured by a lien thereon. Judgment was rendered in favor of plaintiff and this is an appeal therefrom.

The appellants assert that before the plaintiff could recover in such a proceeding it was necessary for it to prove all the prerequisites to a valid sale under the power contained in the deed of trust, and further, that the respondent here failed in establishing the requisite notice of sale by the trustee. Further, it is claimed that the trial court erred in rejecting testimonw…