R.R.R. Ltd. Partnership v. Recreational Services, Inc.

Carley, Justice.

Appellee-plaintiff borrowed a sum of money from appellant-defendant. The loan was secured by real property which appellee conveyed to appellant pursuant to a deed to secure debt containing a power of sale. After the loan went into default, appellee brought the instant action, seeking to enjoin appellant from foreclosing pursuant to the power of sale in the security deed. The trial court granted an interlocutory injunction, but refused to require that appellee tender to appellant any amount due on the loan. Appellant appeals from this order of the trial court.

1. A borrower who…