Parker v. Covington

ABRIDGED OPINION

TODD, Presiding Judge.

(With the concurrence of the participating judges, the original opinion has been abridged for publication)

This is a suit to enjoin foreclosure of a trust deed under the “due on sale” clause and for a declaratory judgment that said clause is invalid. From a decree dismissing the suit, the plaintiffs-mortgagors have appealed.

On July 16,1976, plaintiffs executed to Everette A. Covington, Jr., Trustee, a trust deed conveying a described parcel in trust to secure the payment of a note of $25,600 to Security Federal Savings and Loan Association.

Said trust deed…