Phillips v. Latham

OPINION

McDONALD, Chief Justice.

This suit arose out of an allegedly wrongful trustee’s sale of a residence owned and occupied by plaintiffs Latham. They sued C. R. Smith, who held a second lien note secured by deed of trust under which the property was sold, Charles Ben Howell, substitute trustee, and Phillips who bought the property at the sale. Plaintiffs’ petition included a count in trespass to try title and also a count for actual and exemplary damages for “illness and worry” and loss of time from work, caused by an alleged conspiracy of defendants to deprive plaintiffs of their home.…