Roden v. Walker

BEATTY, Justice.

Docia Roden, in her capacity as the executrix of the estate of her husband, Joe Roden, appeals from an order granting the appellee, Charles P. Walker, an injunction permanently enjoining appellant from foreclosing on a mortgage. We affirm.

On May 5, 1966, Charles P. Walker and his wife, Ann L. Walker, executed a mortgage to Joe Roden. At the outset, we note that this was not a typical mortgage arrangement. The Walkers gave Roden the mortgage in return for Roden’s agreement to allow his savings account to be used as collateral for, and his co-signature on, a loan made by the…