Berk

Motion to dismiss appeal or affirm judgment on the ground that the appeal was taken for delay only and that the questions on which the decision of the cause depends are so unsubstantial as not to need further argument.

The action was one brought under the Mortgage and Trust Deed Moratorium of 1935 (Stats. 1935, p. 1208, DBering’s Codes, Laws and Constitutional Amendments, 1935 Supplement, p. 1336) for the purpose of obtaining a postponement and stay of a trustee’s sale of real property under a trust deed executed by the plaintiffs to the defendants as beneficiary and trustee respectively. The trial was had upon plaintiffs’ complaint or petition and the answer thereto of the beneficiary, the Equitable Life Assurance Society of the United States, and resulted in a judgment of the trial court in favor of the defendants dismissing the proceedings. From this judgment the plaintiffs appealed, and have filed their opening brief.

We agree with respondents that the questions raised by the appellants in their brief are so unsubstantial as to require no further argument. We will proceed to discuss them briefly.

The first point raised by appellants is that the court could not pass upon the…