Herman v. Forrest

The object of the instant suit was to prevent the sale of certain lands by a trustee under a deed of trust executed by appellant. The petition presented two distinct grounds upon which the writ was sought. The first was that certain payments had been made on the debt which was secured by the deed of trust, but that no credit on the note evidencing the debt had been given and that the trustee would sell the property for the debt without allowing such credit. The second was that the creditor had procured the execution of the deed of trust upon the representation that if appellant would execute…