Western Savings & Loan Ass'n v. Diamond Lazy K Guest Ranch, Inc.

STEVENS, Presiding Judge.

Briefly, a $50,000 note and a mortgage were executed and promptly assigned by the mortgagee. On default the assignee filed a mortgage foreclosure action and recorded a notice of lis pendens. The makers of the note, being the mortgagors, urged a number of defenses. The assignee-plaintiff then attached the real property described in the mortgage together with certain personal property and caused a series of writs of garnishment to issue. The maker-mortgagor did not resist a motion for summary judgment by which assignee secured a partial summary judgment in a principal…