Russell v. Webster Springs National Bank

Caplan, Justice:

This is an appeal by Paul Callahan from an order of the Circuit Court of Webster County entered on May 2, 1979, granting the appellees’ motion for summary judgment and setting aside a trustee’s sale wherein the appellant Callahan had purchased real property.

In May, 1975, the appellees, Jackie Russell and Betty Hoover, then husband and wife, executed a trust deed to secure a loan from the Webster Springs National Bank in the principal amount of $23,614.66 for the purchase and renovation of a business building. In May, 1978, the bank notified the appellees of several problems…