Brannon v. McGowan

MONROE, Judge.

This is an . appeal from a declaratory judgment entered in favor of David and Shirley McGowan, in which the trial court declared that they had the right to satisfy a note and mortgage held by Grace Wills Brannon by payment of the principal amount plus interest to the date of payment.

On August 16, 1982, the McGowans purchased a house from Brannon. Brannon provided the financing for the amount of the purchase price in excess of the down payment, the bulk of which was secured by a promissory note. The mortgage repayment provision provided:

“That Whereas, David McGowan and Shirley…