Kellenberger v. Guaranty Loan & Investment Corp.

BAILEY, Judge:

The first lawsuit between the litigants was an action in forcible entry and detain-er filed by Guaranty Loan and Investment against Janie Kellenberger to recover possession of the real property which is the subject of this suit. During the course of that proceeding.it was revealed that Janie Kellenbergep had quitclaimed the property to Guaranty, which held a second mortgage on the premises, in order to forestall foreclosure since default as to both the second and first mortgages had occurred.

The record reflects that both parties were represented by counsel in . that pro*576ceeding-,…