Calverley v. Gunstream

GUITTARD, Justice.

This suit was brought for title to a house and lot which was sold more than ten years earlier by a trustee at a non-judicial foreclosure, and in the alternative for damages for wrongful foreclosure. We hold that plaintiffs’ attack on the trustee’s deed is barred by limitation as a matter of law, but that a fact issue is raised concerning their claim for damages.

Facts

Plaintiffs George Thomas Calverley and wife Hallie Inez Calverley filed this suit on March 31, 1972, against defendants Lee R. Gunstream and U. S. Oil Payments, Inc. in the form of a statutory trespass to try…