Big Valley, Inc. v. First National Bank

This is an action to enjoin a foreclosure under a power of sale in a deed of trust and for an accounting and determination of the balance due defendant, First National Bank of Pulaski County, from plaintiffs on a promissory note in the sum of $63,500. A hearing was held, after which the trial court dissolved a restraining order it had issued to stop the proposed sale and dismissed plaintiffs’ petition. Plaintiffs appealed.

This court set aside the trial court’s judgment dissolving the restraining order, and remanded the cause to the trial court for an accounting to determine the balance due…