Wiener v. Zweib

We are not convinced that we erred in holding in the former opinion that a sale made of real estate under a deed of trust within four years after the death of the mortgagor, and before administration would be voidable, but not void. Upon further consideration of this case we have concluded that the facts do not demand a decision of that issue, and we will limit this opinion to the present case. Without repeating the statement of the former opinion, we will proceed upon its conclusions thus condensed.

When the deed of trust was executed, the land was the homestead of Wiener and his wife, who…