Trout
Trout v. Lane
Opinion
lead Opinion
Houser, J.
The pertinent facts herein appear to be that defendant Lane executed and delivered to her co-defendants C. J. Powell and Odessa J. Powell (whose married name is now Odessa J. Brown) a promissory note which by its terms was made payable in installments and was secured by a trust deed on certain real property. Some time after its execution said promissory note was assigned by the payees thereof to plaintiffs by an indorsement on said note in the following words:
Several of the installments on the promissory note were not paid either when due or at all. Thereupon, in order to protect the security for said note—the plaintiffs theretofore having been compelled to lay out certain moneys for taxes, etc., on the said property—in accordance with the authority provided by the terms of the trust deed, for the purpose of procuring payment to themselves of the principal and interest of said note and the said outlay of money by them, at the instance of plaintiffs the trustee named in said deed of trust regularly proceeded to and did sell said property. However, on such sale the property failed to bring money sufficient to meet the total amount owing to plaintiffs, with the result that an…