Ruther v. Thomas

PIERCE, Judge.

Plaintiffs Jack and Rosa Lee Ruther appeal a judgment dismissing their complaint against defendants in an action based on a foreclosure sale conducted by defendants on property owned by plaintiffs. We affirm.

Jack Ruther was the owner of certain real estate which was subject to two deeds of trust. He transferred the property to defendant Thomas, who assumed the two existing deeds of trust, and executed a third deed of trust for the benefit of Jack Ruther to secure the purchase money indebtedness of $12,000. Upon Thomas’ default, Jack Ruther foreclosed the third deed of trust and…