Tiitle Guarantee & Trust Co. v. Hammond Lumber Co.

Since the appeal herein was taken, the original plaintiff and appellant, John S. Maltman, passed out of this life, testate, and the above-named corporation, having previously been regularly appointed executor of the last will of the deceased, was thereafter duly substituted as party plaintiff and appellant in the place and stead of said John S. Maltman.

The action is to recover from the defendant a sum of money equal to an alleged deficiency following from the difference between the sum for which a certain promissory note is alleged to have been made and given by defendant to said Maltman and the sum for which certain real property in Los Angeles County was sold by the trustee under a deed of trust, given to secure said note, for the purpose of satisfying the obligation.

Judgment passed to the defendant, and an appeal from said judgment is brought here upon a bill of exceptions.

The principal question presented for decision here is whether the findings derive sufficient evidentiary support.

The facts, as they are alleged in the complaint, may thus be stated: The real property to which the trust deed to secure the payment of the promissory note referred to was made and given…