Ginther-Davis Center, Ltd. v. Houston National Bank

PEDEN, Justice.

Mr. Fergus Ginther and Mr. Don Davis, owners and mortgagors of a 14.4009 acre tract improved with apartments, appeal from the denial of a temporary injunction sought to prevent a mortgage foreclosure sale of the property by Houston National Bank. On September 30, 1977, the appellants had executed a $5,000,000 note and deed of trust evidencing a loan by the bank in that amount to refinance an existing obligation. The note was, initially, due on September 30,1982, but on June 5,1979, the parties negotiated a new loan for $500,000, executed a note and deed of trust to secure its…