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TAYLOR v. JUST

No. 28105.

59 P.3d 308 (2002)

138 Idaho 137

James L. TAYLOR, Plaintiff-Respondent-Cross-Appellant, v. Charles C. JUST, in his capacity as Trustee; Fairbanks Capital Corporation, a Utah corporation; Ronald Dale Rush and Terilyn Ann Rush, husband and wife, Defendants-Appellants-Cross-Respondents.

Supreme Court of Idaho, Boise, November 2002 Term.

November 22, 2002.

Attorney(s) appearing for the Case

Mark L. Clark, Nampa, for appellants.

White Peterson Morrow Gigray Rossman Nye & Rossman, Nampa, for respondent. Kevin E. Dinius argued.

EISMANN, Justice.

This is an appeal from a judgment ordering the trustee under a deed of trust to execute and deliver a trustee's deed to the highest bidder at the foreclosure sale. Prior to the sale, the grantor and beneficiary had entered into an agreement resolving the default. Therefore, we reverse the judgment of the district court because the sale was void and the trustee cannot be required to execute and deliver a trust deed.

I. FACTS AND PROCEDURAL...

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