Potter

This is an appeal by plaintiff from a decree entered in a suit instituted by him as partial assignee of a promissory note and deed of trust to establish his interest therein and to obtain certain other relief. The trial court by its findings determined the extent of plaintiff’s interest, but by its decree did not grant the full relief sought and for that reason plaintiff contends that the decree is erroneous.

The complaint alleged that Fred L. Kernes and wife executed to W. J. P. Lawton and wife their promissory note for the sum of $1230, secured by a deed of trust, naming Central Title Company, Inc., as trustee; that the Law-tons assigned to plaintiff a $750 interest in said note and trust deed; and on information and belief it was alleged in paragraph III of the complaint that Louis Horning and wife were then the owners of the real property covered by the trust deed, and were ready, able and willing to pay said note, and desired to have the property released from the lien of said trust deed; that they had offered to pay the amount due upon the surrender of the note and the execution of a reconveyance of the property, but that the Lawtons had refused to authorize such…