Appeal — Review op Evidence — Findings — New Trial. — When a material finding of fact is unsupported by the evidence, and is contradictory of other findings, the failure to make the finding in accordance with the evidence necessitates a new trial.

Id. — Construction op Findings — Support op Judgment. — When a finding of fact is susceptible of two constructions, one of which is supported by the evidence and the other not, only that construction which is supported by the evidence will be considered; yet if the findings, when construed in harmony with the evidence, do not support the judgment, it must be reversed.

Trust Deed as Security — Foreclosure — Auction Sale —Purchase by Trustee — Permission op Court — Discharge op Trusts. — When a deed of trust of real and personal property is given to a debtor as security for advances made and to be made, with power to sell and dispose of the property, and all of the parties to the deed are made parties to a foreclosure suit, in which a full accounting of the trust is had, and a sale is made under the decree therein, at which the trustee purchases the property at public auction, by express leave of the court, the trustee becomes thereby vested with absolute title freed and discharged of the lien and trusts created by the original deed.

Id. —Mortgage with Power of Sale — Foreclosure. —An absolute conveyance of property by a debtor to his creditor, in trust, that he may sell the same, and out of the proceeds discharge the debt, is, in effect, only a mortgage with a power of sale, which the grantee may treat as such; and if he proceeds by foreclosure, his relation to the property is the same as that of a mortgagee in the foreclosure of an ordinary mortgage.

Id. — Sale by Order of Court — Right of Trustee to Purchase.— When a sale is made under the direction of a court of equity, by officers appointed by the court, it is not a sale by the trustee, and the rule forbidding a trustee to purchase at his own sale does not apply.

Id.—Purchase by Beneficiary.—A beneficiary under a deed of trust may purchase at a sale in pursuance of the trust as effectually as any creditor may purchase the property of his debtor at a judicial sale, and the trustee may bid for the beneficiary, at his instance, without impairing the validity of the sale.

Id. — Trust for Attorney not Named — Foreclosure — Parties — Estoppel. — Where the grantee of a deed of trust held it in part as security for the fees of an attorney of the grantor, subject to his own advances to the grantor, but without including the name of the attorney in the deed, and including such fees in the amount recited in the deed as due to himself, and such attorney was employed to foreclose the deed of trust, and advised the trustee that he could purchase the property at a sale under the foreclosure, and hold it discharged of the trust, the attorney and his representatives are estopped to claim that the result of the proceedings is contrary to what he advised, upon the ground that the attorney was not made a party defendant to the foreclosure suit.

Id. — Attorney and Client—Double Trust — Failure to Advise Client. — Where it appears that, by the act and inducement of the attorney, the grantee in the trust deed was induced to permit the attorney’s fees to be included in the sum due him, it cannot be claimed that the trustee held the property under a double trust, where it does not appear affirmatively that the attorney who acted for the grantee, both in the execution of the instrument and in the foreclosure suit, advised him of the legal effect and consequences of so including it, or that any possible detriment could occur from assuming such relation of double trust in reference to the property.

Id.—Transactions between Attorney and Client — Performance of Duties of Attorney — Burden of Proof. —In any attempt by an attorney to enforce an agreement on the part of his client growing out of transactions between them connected with the very business in reference to which the relation of attorney and client exists, the burden of proof is always upon the attorney to show that the dealing was fair and just, and that the client was fully advised by him; and a failure to prove that the attorney had performed his duties to his client imposes upon the court the necessity of adjudging the invalidity of the transaction between them, without requiring the client to show a failure in such performance.