Intertex, Inc. v. Walton

PAUL PRESSLER, Justice.

This is an appeal from the cancellation of a Constable’s Deed obtained as a result of a judicial foreclosure sale. We affirm the judgment of the trial court.

Appellees, the Waltons, defaulted on payments on a promissory note held by First Southern Properties covering real property which was the Waltons’ residence at all times during the litigation. It was sold at a trustee’s sale. The Waltons filed suit against First Southern Properties to set aside the Trustee’s Deed. In 1980 judgment was rendered setting aside the deed and awarding $1,854.95 plus interest, the balance…