Curtin

The recitals in the complaint show that on June 3, 1898, the defendants L. W., W. J., H. A. and Louisa Krohn, were indebted to the plaintiffs in the sum of $7,000, and to secure the payment of the same, executed their promissory note to the defendant Commercial Bank of Madera, reciting therein that said bank was a trustee, and was to pay all moneys paid on the trust note, to the plaintiffs in certain designated proportions. At the same time and place the promisors executed an instrument denominated a trust deed, conveying certain realty, and notes secured by mortgage, to the said bank under conditions and for purposes therein specifically mentioned. In this instrument the Krohns are designated parties of the first part, the bank, party of the second part, and plaintiffs, parties of the third part. It contains a succinct history of the circumstances under which the indebtedness of the Krohns to plaintiffs accrued, specifically fixes the sums due to each of the plaintiffs, and the proportion in which payments made on the note are to be distributed to them. It distinctly provides that the parties of the first part shall be and remain liable to the parties of the third part, until the…