Slaughter v. Qualls

This is a suit in the nature of trespass to try title brought by the vendee of the land against the holder of a purchase money note who- had attempted to foreclose a deed of trust lien given to secure such note. The controlling questions are: (1) Whether the trustee’s deed, regular on its face, is absolutely void and may be attacked in this kind of suit by parol testimony of irregularities in the foreclosure sale at a time when a direct suit to cancel the deed is barred by the four year statute of limitation, Art. 5529, R. C. S. 1925, and (2) if the trustee’s deed is void, whether the holder…