Adams v. Zellner

The suit was in trespass to try title to recover a tract of land previously sold under a non-judicial foreclosure of a deed of trust lien. It was contended by the plaintiffs, the grantors of the deed of trust, that the trustee’s sale was void because notices of the sale had not been posted as required by law. The trustee’s deed conveying the land to the purchaser at the trustee’s sale contained a recital in respect to the notice given, as follows: “I proceeded to sell said property at public auction at Hillsboro, Hill County, Texas, between the hours of 10 a. m. and 4 p. m. on the first…