Hutchison

Defendant Holland appeals from a judgment entered against him. The action was brought to recover a balance due on two promissory notes. The notes were executed by defendant Marie C. Heath, and certain real property was made security for the payment thereof, against which a trust deed was executed. Appellant did not join in the making of the promissory notes or the deed; in fact, his name did not appear in the instruments referred to at all. The notes, as before mentioned, were two in number; one was made payable to Elizabeth E. Curtis and the second to Helen C. Brennan. The two last-named persons indorsed the same and they were transferred to Nina A. Hutchison, who paid therefor $1,750. At the time the trust deed and notes were executed there was a first mortgage lien against the property, amounting to $3,000; hence the trust deed became second in order of security. Default was made in the payment of the notes, and upon sale of the property under the trust deed being had, a small part only of the principal debt evidenced by the notes was realized. Nina A'. Hutchison transferred her interest to the plaintiff here and this suit was brought to collect the deficiency. It was alleged…