Godwin v. Gerling

LOZIER, C.

This is a suit to set aside a trustee’s deed executed pursuant to a foreclosure under power of sale. in a deed of trust upon lots in a subdivision in Ferguson. Certain allegations of the petition are hereinafter set out. Plaintiff sought no money judgment. His prayer was that the sale and deed be declared null, void and of no effect, that the defendants be held to have no right, title or interest in the lots, and that the fee simple title be vested in plaintiff, subject to the provisions of the foreclosed deed of trust.

Among the defendants were: the makers of the notes and the…