Gunther v. White

OPINION

HUMPHREYS, Justice.

Appellants sued, asking that appellees be restrained from enforcing an acceleration provision in a trust deed. The Chancellor dismissed the suit on appellees’ motion, pursuant to Rule 12.02 of RCP, that the complaint failed to state a claim upon which relief could be granted. Appellants have appealed assigning errors which raise the question whether an acceleration clause such as that in the deed of trust is valid and enforceable in Tennessee. We agree with the Chancellor that the acceleration clause is valid.

Appellants own certain real estate encumbered by a…