White v. Lakewood Bank and Trust Company

BATEMAN, Justice.

W. Henry White appeals from a summary judgment granted to the appellees Lakewood Bank & Trust Company, herein referred to as the Bank, and Carl Peter Faust, Jr., in a suit wherein the appellant, as plaintiff, sought to set aside the foreclosure sale of certain real property-under a deed of trust held by the Bank, as well as a subsequent deed whereby the Bank conveyed the same property to Faust, and also for damages.

One filing a motion for summary judgment assumes the burden of demonstrating that no genuine issue as to any material fact exists and that he is entitled to a…