Tyler v. Butcher

El and Sandra Butcher (defendants) appeal a judgment for plaintiffs that foreclosed a mortgage dated September 19,1977, on real property. In March, 1983, defendants had foreclosed their 1981 trust deed and had acquired title to the property. Plaintiffs and defendants each moved for summary judgment. The court granted plaintiffs’ motion, denied defendants’ motion and held that plaintiffs’ mortgage was superior to defendants’ to the extent of the original principal amount of $10,000, with interest at the rate of 10% per annum on $5,000 from January 6, 1979, and on $5,000 from January 19,1982.…