Roland v. Equitable Trust Co.

OPINION

CADENA, Chief Justice.

Defendants, Jon Drew Roland and James Fenimore, independent executor of the estate of Miladie Fraser, appeal from a summary judgment granting plaintiff, Equitable Trust Company, recovery for the amount remaining unpaid on a promissory note after a trustee’s sale of the land given as security for payment of the note.

On August 21,1974, Jon Roland and Mila-die Fraser executed a note in the amount of $10,000.00 payable to plaintiff. On the same day Roland executed a deed of trust, describing the land owned by him in Guadalupe County, to secure payment of the note.…