Cromer v. DeJarnette

I am unable to agree with the conclusion reached in the majority opinion.. Appellant sought rescission of the sale and cancellation of the trustee’s deed on the grounds that (a) the property was improperly and insufficiently advertised, and (b) the price obtained grossly inadequate.

The terms of the deed of trust and the requirements of section 5167 of the Code in effect at the date of the execution of the deed permitted the property to be advertised “in such reasonable manner as the trustee may elect.” (Emphasis added.) His discretion was wide, but not unlimited. He could select the method of…