Phillips v. Latham

GUITTARD, Justice.

This suit arose out of an allegedly wrongful trustee’s sale of a residence owned and occupied by plaintiffs C. T. Latham and wife. They sued C. R. Smith (or Carolyn R. Smith), who had held a second-lien note secured by the deed of trust under which the property was sold, Charles Ben Howell, an attorney, who acted as substitute trustee, and Durwood Phillips, who bought the property at the sale. Plaintiffs’ petition includes a count in trespass to try title and also a count for actual and exemplary damages for “illness and many hours of worry,” and loss of time from their…