Whalen v. Etheridge

KLINGEMAN, Justice.

Suit by appellant, Michael C. Whalen, herein called Whalen, for wrongful foreclosure under a deed of trust securing a promissory note executed by Whalen to J. B. Etheridge and wife, Pearl T. Ethe-ridge, herein called Etheridge, to set aside the trustee’s sale in said foreclosure, and for title and possession of the property covered in said deed of trust. Appellees Etheridge, by counter-claim, sought a deficiency judgment upon said promissory note and, in the alternative, for judgment for the total balance due thereon, and for judicial foreclosure of the deed of trust.…