First National Bank v. Neil

The opinion of the court was delivered by

Thiele, J.:

This is an appeal from an order authorizing a trustee under a trust deed, or in legal effect a mortgage, to bid at foreclosure sale.

Claude E. Neil and wife executed and delivered to the First National Bank in Wichita an instrument denominated “deed of trust” whereby they conveyed real estate in trust for the purpose of securing payment of “first deed of trust bonds,” the form of which is set out in the instrument. Default was made, and under the provisions of the deed of trust the trustee filed his petition for foreclosure, and thereafter a…