Speers Sand & Clay Works, Inc. v. American Trust Co.

(after stating the facts as above). The assignments of error are 15 in number and overlap each other in substance. In our opinion it is only necessary to consider first, those relating to the acts of the plaintiff in instituting this suit; second, whether it was proper to enter the decree of foreclosure and sale on the facts as they appear of record at this time; and, third, the assignments relating to the exclusion of certain testimony.

The plaintiff, like any trustee, owed to all parlies concerned the duty of aeting in good faith and of exercising all discretion vested in it by the mortgage…