Fairview Terrace, Inc. v. Roberts

Duckworth, Chief Justice.

This is an equitable action to cancel a security deed as a cloud on the petitioner’s title, to temporarily restrain the defendant from foreclosing or in any other way disposing of or suing upon the security deed sought to be canceled, and to toll the interest on said debt. A sum allegedly stated by the defendant to be due is tendered into court in full payment of the alleged outstanding loan. The allegations' show that the property was purchased by the petitioners by paying some cash, assuming an existing indebtedness secured by a security deed, and -determining the…