Parker v. Luttrell

Opinion by

Judge RULAND.

Plaintiff, William G. Parker, filed this action to foreclose a deed of trust and to collect *180sums claimed due on a promissory note signed by defendants, Dennis Luttrell and Beverly J. Hilliard. Defendants appeal from a judgment entered for plaintiff determining that $3,979.25 plus costs and attorney fees are due. We reverse.

Defendants executed the promissory note and deed of trust in connection with the purchase of certain real estate from plaintiffs predecessor. The note provided for 180 monthly installments commencing October 1978, with the last installment due…