Charles S. Riley & Co. v. Carter

As to assignments of error 1 and 9, the Pere-goy Company was a lumber plant operating mueh machinery, and under article 23 of the deed of trust the plant was required to be maintained and kept in operation. On foreclosure under article 4, a sale being made, all the estate of the company was to vest in the purchaser, “whether said trustee be in possession thereof or not, and whether the same be now owned or shall be hereafter acquired.” Article 9 vests in the trustee all the legal and equitable rights to all property then owned by the company, “and all property and rights of any kind whatever…