Howell v. Butler

HEDRICK, Judge.

The only question presented by this appeal is whether the court erred in entering summary judgment for defendants. Plaintiffs argue the pleadings, affidavits and exhibits raise an issue of “fraud, duress or undue influence” in the defendants’ execution of the promissory note and deed of trust. Plaintiffs contend that as a *74result of harassment and threats they signed the promissory note and Nadine Howell executed the deed of trust securing same. Defendants denied these allegations. Defendants’ motion for summary judgment was supported by pleadings and affidavits showing the…