Witt v. Zions

This case is an appeal by the appellants from the order of the chancellor overruling exceptions filed by them and finally ratifying and confirming a foreclosure sale. The appellees are trustees named in a deed of trust dated the 6th day of June, 1946, executed by the appellants to them. This deed of trust is a mortgage and contains a power in the trustees to sell the property in the event that default is made in its terms and conditions by the grantors. Default occurred and the trustees instituted the foreclosure proceeding in this case on December 30, 1948.

Anticipating a foreclosure, in…