Kurtz v. Fischer

CLARK, Presiding Judge.

In this action plaintiffs-appellants sought to avoid the encumbrance of a deed of trust which conveyed real estate as security for repayment of a note held by defendant Howard Quarries, Inc. The claim to relief was founded on assertions that the deed of trust was without consideration, was procured by coercion and by fraud and misrepresentation. Upon a bench trial, the issues were found in favor of defendants and this appeal followed.

The points asserted here as error can best be perceived when stated with cognizance of the facts preceding preparation and execution of…