Johnson v. Salter

This is an action in the nature of ejectment.

In 1968 defendants executed a mortgage on the property in question to Peoples Exchange Bank. They defaulted and foreclosure was held. Plaintiffs obtained a mortgage foreclosure deed from a sale held in 1974 pursuant to power of sale provisions in the mortgage. Plaintiffs filed suit in November 1977 seeking possession and damages.

Motion for summary judgment by plaintiffs was granted. Plaintiffs were granted possession and $860 for defendants' unlawful use and detention of the property for 43 months at $20 per month. Defendants were awarded a set-off…