GILROY v. RYBERG

No. S-02-487.

667 N.W.2d 544 (2003)

266 Neb. 617

Cynthia H. GILROY, Appellant, v. Daniel W. RYBERG, Successor Trustee, et al., Appellees.

Supreme Court of Nebraska.

August 15, 2003.


Attorney(s) appearing for the Case

John A. Sellers for appellant.

Duane M. Katz, Omaha, for appellees Robert L. Cummins and Frank L. Huber.

Daniel W. Ryberg, pro se.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


CONNOLLY, J.

This case presents us with our first opportunity to examine when a trial court should invoke equity to set aside a foreclosure sale conducted under a power of sale in a trust deed.

After Cynthia H. Gilroy and John M. Gilroy failed to make payments on a note secured by a trust deed, Daniel W. Ryberg, the successor trustee, conducted a sale.

Cynthia appeals from the district court's decision refusing to set aside the sale. She argues that...

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