Koehler v. Pioneer American Insurance Company

OPINION

RENFRO, Justice.

The defendant, W. R. Koehler, executed his note in the sum of $100,000 payable in monthly installments to plaintiff, Pioneer American Insurance Company, and executed a deed of trust securing payment.

Payments became in default and substitute trustee, after notice posted, sold the property to plaintiff for the sum of $25,000.00, which was credited on the note. There remained a balance due of $59,681.-03. It was for this sum, plus attorney’s fees, plaintiff brought suit against defendant.

After all pleadings were made, plaintiff moved for and obtained a summary judgment.

In…