THE COURT.
From the record herein, it appears that in an action brought to recover the amount of a deficiency in the proceeds of a trustee's sale under a deed of trust securing a promissory note, a general demurrer was sustained to the amended complaint; and it is from the ensuing judgment of dismissal of the action that the instant appeal has been taken.
[1] The note and deed of trust were executed and delivered prior to the enactment of section 2924 1/2 of the Civil Code, and since, as determined in Brown v. Ferdon, 5 Cal. (2d) 226 [ 54 P.2d 712], said section cannot apply to instruments executed prior to its effective date, and since the record discloses no other ground upon which a general demurrer might properly be sustained to the complaint, the judgment must be, and it is, reversed.