GOLDEN v. TOMIYASU

No. 4625.

387 P.2d 989 (1963)

Richard GOLDEN and Audrey Y. Golden, Appellants, v. Bill Yonema TOMIYASU, Kiyo Tomiyasu, Uwamie Tomiyasu, and Nanyu Tomiyasu, Respondents.

Supreme Court of Nevada.

December 23, 1963.


Attorney(s) appearing for the Case

Babcock & Sutton, of Las Vegas, for appellants.

Harry E. Claiborne, of Las Vegas, for respondents.


BADT, Chief Justice.

This was an action to set aside a trustee's sale on foreclosure of a deed of trust. We hold that mere inadequacy of price, without proof of some element of fraud, unfairness or oppression as accounts for and brings about the inadequacy of price is not sufficient to support a judgment setting aside the sale.

The Tomiyasus had executed a second deed of trust to a trustee to secure the payment of $13,564 to the predecessors and assignors...

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