First Southern Properties, Inc. v. Vallone

DANIEL, Justice.

This suit was brought by a receiver in the court of his appointment to set aside a substitute trustee’s deed to certain real property executed after a foreclosure sale under a deed of trust. The receiver, Vince Vallone, alleged numerous irregularities in the foreclosure sale which was made to the defendant, First Southern Properties. Among these was an allegation that the substitute trustee’s deed was void because the property in question was in custodia legis at the time of the foreclosure sale and because that sale was not authorized by the court.

At a non-jury trial,…