MANUFACTURERS & TRADERS v. EIGHTH JUDICIAL DIST.

No. 10005.

583 P.2d 444 (1978)

MANUFACTURERS AND TRADERS TRUST COMPANY, a New York Corporation, and Gordon R. Gross, a Nominee of the Trustees of Dominion Mortgage & Realty Trust, a Massachusetts Business Trust, Petitioners, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada IN AND FOR the COUNTY OF CLARK and the Honorable John F. Mendoza, Judge thereof, Respondents.

Supreme Court of Nevada.

August 9, 1978.


Attorney(s) appearing for the Case

Lionel, Sawyer & Collins and Paul R. Hejmanowski, Las Vegas, for petitioners.

Thomas E. Lea, Las Vegas, for respondents.


OPINION

MOWBRAY, Justice:

The narrow issue presented is whether guarantors of a promissory note secured by a deed of trust are entitled to the protection of NRS 40.451 to 40.459, inclusive, governing deficiency judgments, when the creditor has previously exercised its power of sale under the deed of trust.1 This is an original proceeding in mandamus in which petitioners seek a writ directing the trial court to grant summary judgment...

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