Dodson v. McCoy

EVANS, Justice.

This is a suit to set aside and cancel a trustee’s deed made pursuant to a non-judicial foreclosure sale. The plaintiffs allege that they had not been properly notified of the foreclosure sale, that the sale was conducted in a secretive manner, that the defendants had conspired to defraud them of the title to their property, and that the consideration was grossly inadequate.

In response to special issues the jury found (1) that the plaintiffs had not received timely written notice of the proposed sale but had received actual notice within the required period of time. The jury…