Frazier v. Fabrick

SPICER, P.J.,

This is an action in mortgage foreclosure. All parties are individuals. Mortgagee seeks to foreclose because of an alleged breach of a condition that no waste be committed on the property.

The parties appeared for pretrial conference before the Honorable John D. Kuhn. Judge Kuhn determined that trial would be expedited by the resolution of two issues. It is the purpose of this opinion to provide such resolution.(1) Effect of a Prior Equity Action. Mortgagee previously brought an equity action to enjoin mortgagors’ activities on the land. This equity action is not a part of the…