Beers

Respondent brought this action to recover a deficiency of $5,198.41 upon a promissory note for $25,000, secured by a deed of trust upon real property in San Diego County, which deficiency remained after the security had been sold and the proceeds applied upon the note. It recovered judgment and appellant has prosecuted this appeal.

The record- discloses that the note was in words and figures as follow:

On the eighteenth day of September, 1928, H. L. Powers and Agnes F. Powers, his wife, sold, assigned and set over to appellant all of their right, title and interest in and to the note, the deed of trust securing the same and the property described therein. On the same day appellant sold the note to respondent and executed the following indorsement on the back thereof:

The trial court found that on August 23, 1929, nothing had been paid on account of the interest due on June 7, 1929; that on said date respondent, the owner of the note and security, filed with the trustee named in the deed of trust a notice of default under the terms of the deed of trust on account of the unpaid interest; that the trustee did on the same day record with the recorder of San Diego County a notice of…