Vincent v. J. W. McClintock, Inc.

The facts, undisputed or else well proved, are: On January 29, 1929, one M. D. Vincent was the sole owner of the parcel of land involved herein. On that day he gave a deed of trust on the property to a named trustee to secure a specified indebtedness to J. W. McClintock, executor, the indebtedness to become due on June 1,1929. The deed of trust was filed for record on February 1, 1929.

Default was made in the payment of the debt, another trustee was duly substituted by recorded instrument in the place of the original trustee and on March 7, 1931 the substituted trustee made a sale of the…