Pearce v. Stokes

The question to be decided in this case is this: Must a court, in a suit by the administrator of the estate of a deceased mortgagor of non-homestead real property in which there is no evidence of claims against the estate of higher priority than secured claims, set aside a sale of such property made after the death of the mortgagor under a power of sale in a deed of trust? The trial court answered the question in the negative. The Court of Civil Appeals answered in the affirmative if there is evidence that the sale “interferes with the due administration of the estate” of the deceased…