Fowers v. Gurney

ELLETT, Justice:

The plaintiff ■ appeals from a summary judgment holding that the defendant Donald Gurney was not liable for the deficiency on a foreclosure of a mortgage securing a note signed by the defendants. In substance the factual background leading up to-the summary judgment is as follows:

Defendants signed a note and gave a mortgage on their real estate to secure the same on July 2, 1965. They failed to make timely payments as provided, and on December 23 of that year a default judgment was-entered against them. Four days later the court ordered the real property covered by the…