Clark v. Richardson

(after stating the facts as above). Appellants insist, and we agree, that the judgment is wrong so far as it is in appellee’s favor if the effect of the deed by Eddins as substitute trustee was to pass the title to the property to tho building' and loan association. But we think the testimony warranted the finding involved in the judgment that said deed did not have that effect. While the witness Rose, who, as secretary of the building and loan association, acted for it in the matter, testified that King, named as trustee in the deed of trust, refused to act as such, he further testified that…