LONG v. WILLIAMS

No. 14366.

671 P.2d 1048 (1983)

105 Idaho 585

Virgil O. LONG, Plaintiff-Respondent, v. William E. WILLIAMS, aka Bill E. Williams, Defendant-Appellant.

Supreme Court of Idaho.

October 19, 1983.


Attorney(s) appearing for the Case

William H. Foster, Grangeville, for defendant-appellant.

Darrel W. Aherin, Lewiston, for plaintiff-respondent.


HUNTLEY, Justice.

By this appeal we are asked to determine whether a prior execution of a deed of trust on real estate divests the trustor of title to the extent that his bankruptcy estate and bankruptcy trustee receive no interest in the property upon his subsequent bankruptcy.

We hold that the deed of trust conveys to the trustee nothing more than a power of sale, capable of exercise upon the occurrence of certain contingencies (such as default in payment...

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