Gianella

Appeal by defendants from judgment for plaintiff in action in ejectment and to quiet title to some 513 acres of ranch property in Butte County. The words “plaintiff” and “bank” are used to refer to both plaintiff bank and its predecessors. When we refer to defendant Gianella, we shall intend defendant Henry Gianella.

Plaintiff’s title was acquired through a sale made under a trust deed given by defendants to secure two overdue notes of defendant Henry Gianella to the plaintiff. No claim is made that the sale and the proceedings leading to the sale, considered by themselves alone, were not in due form sufficient to pass the title, unless the right of the trustee to malee the sale was defective by reason of the facts to which reference will be made.

Appellants in their statement of questions involved in this-appeal state two questions which in effect present two propositions upon which appellants rely. These propositions are, first, that where a bank under a collateral security agreement held certain negotiable instruments as security for two notes, and later demanded and received a deed of trust as additional security for the same notes, the bank was not justified in foreclosing…