Williams v. Kolb

This is an appeal from an order granting a summary judgment in 'an action to-set aside a sale under a deed of trust to secure a promissory note executed by the plaintiff. The sole question is whether the trustee under the deed of trust had sufficient interest in the promissory note-secured by that deed to invalidate the sale under our rule in Spruill v. Ballard. Defendants filed sworn pleadings setting out in great detail facts showing that the holder of the note at the time of the sale was. a purchaser and the trustee had no interest therein. Plaintiff filed no counter affidavits. He relied…