Gilbert v. Jennings

OPINION

GRANT, Justice.

Alvis Gilbert appeals from a summary judgment. Gilbert filed suit against Barbara Jennings to recover on a promissory note executed in 1980 by Jennings’s husband. Jennings’s husband defaulted on August 1, 1987. After default, Gilbert foreclosed on the property securing the note, and it was sold at auction on October 6, 1987 to Gilbert for $14,000, leaving a deficiency of $105,000. Ronald Jennings died on January 29, 1989. His estate was probated. Gilbert filed suit for the deficiency on December 28, 1990.

Gilbert’s sole contention is that the trial court considered…