Reid v. Rylander

Plaintiff, sole successor trustee under a (deed of trust) mortgage of real estate, containing power of sale under foreclosure, “as provided by law,” foreclosed by advertisement, bid in the property at the sale, received a sheriff’s deed and, at expiration of the period of redemption, brought a summary proceeding before a circuit court commissioner to obtain possession. Def éndants pleaded not guilty but not appearing at the hearing plaintiff was awarded possession of the premises.

Defendants took an appeal to the circuit court and, upon trial there, attacked the validity of the mortgage and…