Grettenberg

This is an action brought to enjoin defendants from interfering with plaintiff’s possession of certain real property and also from collecting rental therefrom.

A demurrer to the complaint was sustained, and judgment of dismissal entered upon failure of plaintiff to amend. This appeal is taken from the judgment.

The complaint alleges the execution of a deed of trust by one Rowe; that plaintiff, through assignment, is now the owner of the note which was given in connection with said trust deed; that defendant Goggin is the grantee of said Rowe, and that defendant Tackaberry is in possession of the real property covered by said trust deed, under a lease from said Rowe; that default has been made in the payment of an installment of $65 due under said trust deed; that said instrument provides that in case of default, the beneficiary might take possession of the premises; and that plaintiff elected to take possession under said provision, and served notice thereof upon defendants; that Tackaberry is uncertain as to whom he shall pay rent, and that Goggin has secured judgment against Tackaberry for one month’s rental in the municipal court of Los Angeles, and an appeal has been taken…