Coppoc v. Moeller

Josephine Linker Hart, Judge.

Appellant, Loran E. Cop-poc, appeals the chancery court’s granting of summary judgment in favor of appellees, Mark Moeller and David Moeller, on appellees’ suit seeking foreclosure of property on which appellant executed a mortgage in favor of appellees. Appellant contends that there remained a genuine issue of material fact: he executed the note and mortgage under duress. Because that affirmative defense was not raised in appellant’s answer, we affirm.

According to appellees’ complaint for foreclosure, appellant executed a promissory note in the amount of $40,000…