Deed op Trust — Agreement por Sale op Land as a Whole.—The parties to a mortgage or a deed of trust may contract that the premises shall be sold as a whole, and their agreement to this end is enforceable.

Id..—Discretion to Sell as Whole or in Parcels—Discretion to be Exercised in Good Faith.—A provision in a deed of trust that the trustees may sell the land as a whole, “or in their discretion, in such reasonable parcels or subdivisions as they, in their judgment, may deem advisable,” is not an absolute stipulation that the property should be sold as a whole. It gives them a discretion to sell as a whole or in parcels. This discretion they are bound to exercise in good faith for the best interests of their beneficiaries, who include not only the creditor, but the debtor and his successors in interest.

Id.—Deed op Trust op Different Lots—Subsequent Declaration op Homestead on One Lot—Homestead Claimant in Situation op Surety—Order in Which Lots Should be Sold.—Where a husband, as security for bis indebtedness, executes a deed of trust of two pieces of community land, on one of which Ms wife subsequently files a declaration of homestead, the piece so filed on, by virtue of its homestead character, passed upon Ms death to the surviving wife, who thereafter stood, with respect to the enforcement of the creditors’ claim against the property conveyed by the deed of trust, in the situation of a surety, and as such had the right to have the principal debtor’s property first sold to pay the debt.

Id.—Abuse op Trustees’ Discretion in Selling Lots as a Whole.— Under such circumstances, where the deed of trust empowered the trustees to sell the property as a whole, or, in their discretion, in such reasonable parcels as they in their judgment might deem advisable, a sale of the two lots as a whole, in disregard of the homestead claimant’s demand and right to have the principal debtor’s property first applied to the payment of the debt, was an abuse of the discretion reposed in the trustees.

Id.—Action by Homestead Claimant to Set Aside Sale—Offer to Pay Entire Debt When Not ¡Required.—Where the trustees, against the protest of the homestead claimant, sold the two lots as a whole, she is not required, as a condition precedent to her right to have the sale set aside, to offer to pay the entire debt secured by the deed of trust, if it would be inequitable to exact such offer of her. Under the circumstances of this ease, where the debt so secured amounted to $57,618.30, and the homestead property was worth only $5,000, while the other lot was worth $57,565, it would be inequitable to require her to pay, or to offer to pay, the entire debt, in order to enable her to attack the unauthorized sale of her homestead.

Id.—Purchaser when Chargeable with Purchase op Part of Property at Its Ascertained Value.—Ordinarily, where a sale by trustees under a deed of trust was improperly made, it should, on the application of the injured party, be set aside in toto and a new sale ordered. Where, however, a new sale is impossible, as in the case where a part or all of the property has passed into the ownership of third parties, who have purchased for value and without notice of any infirmity in the sale, the party injured, if free from laches and not otherwise responsible for the condition, is entitled to such equitable remedy against the creditor and trustees as will most fairly redress the injury which they have inflicted, and if relief cannot be given without compelling the creditor to accept the property wrongfully purchased by him at its true value, he may be held to a purchase at such value.

Id.—Setting Aside Sale in Toto—Proper Judgment when Purchaser Has Not Conveyed Any Part of Property.—In the present case, as neither the pleading nor the findings show that the creditor under the deed of trust, who purchased as a whole the two lots thereby conveyed, had parted with the title to any part of such property, the court erred in holding it as a purchaser of the lot not covered by the homestead at its value as found by the court, and should have ordered a sale of all the property according to the rights of the parties,— that is, a sale first of the lot not covered by the homestead and, in the event of a deficiency after crediting the debtor with the rents and profits of this piece, a sale of the homestead.