Trotter v. Carter

Action to set aside a sheriff's deed to defendant Larcena Carter made upon the foreclosure of a deed of trust where the sheriff was acting as trustee. The trial court found for defendants and plaintiff appealed.

These contentions are made: (1) That plaintiff's demurrer to Mrs. Carter's answer should have been sustained; (2) that plaintiff's motion for judgment on the pleadings should have been sustained; (3) that the note secured by the deed of trust being lost and plaintiff not indemnified, foreclosure could be by suit only; (4) that deed should be set aside because a fraud, in effect, was…