Canepa

This is an appeal by the defendant from a judgment against him in an action in ejectment. The defendant denied the allegations of the complaint and filed a cross-complaint setting up title to the property in himself.

From the findings, it appears that on February 9, 1917, the defendant executed and delivered to A. Sbarboro and A. E. Sbarboro, as trustees for Italian-American Bank, a deed of trust of the property involved here, to secure the payment of five thousand dollars loaned to defendant by the bank, for which amount he executed his promissory note. It was provided in said deed of trust that if default should be made in the payment of the note when due, that the trustees, on demand of the bank, should sell the property at public auction. Default was made in the payment of the note; the property was sold in accordance with the terms of the deed of trust. The bank purchased the property at the sale and received a deed from the trustees therefor. At the time of the execution of the deed of trust, the defendant was a married man and the property was community property.

It is argued by appellant that the defendant could not pass title to the property by the deed of trust,…