Graham v. Graham

Gregory, Justice:

This is a mortgage foreclosure action instituted by appellant Billy E. Graham. Respondent H. Roger Graham, the property owner, answered the complaint and counterclaimed for breach of a separate but related agreement. Appellant demurred to the counterclaim asserting the alleged agreement was illegal and thus unenforceable. The trial judge overruled the demurrer and this appeal followed. We affirm.

Respondent’s counterclaim avers the Grahams entered an agreement whereby they would discourage all prospective purchasers from bidding at a foreclosure sale of some 700 acres of…