Sav. & Loan Soc'y v. Deering

The complaint is in “ ejectment ” ; the answer denying its averments, except the averment of the possession of defendant Leering. The plaintiff claims to deraign title through a deed of trust and a conveyance executed by the trustees. The deed of trust provides that, in case of default, etc., the parties of the second part (the trustees) shall, on application of the party of the third part—plaintiff, the creditor—sell the premises to them conveyed at public auction, to the highest bidder, for cash; and authorizes the trustees to establish “ as a condition of sale ” that the creditor…