First Federal Savings & Loan Ass'n of Elizabethtown v. Cundiff

DUNN, Judge.

This is an appeal from the judgment of the Larue Circuit Court in an action by appellant, First Federal Savings and Loan Association, to foreclose on real property purchased by appellees, George A. and Romaine Hood. By that judgment the circuit court granted summary judgment in favor of appellees Hoods, based upon its determination that appellant was estopped from its enforcement of a mortgage executed by Hoods’ predecessors in title. On appeal appellant contends that the trial court erred in that its action was grounded solely upon the fact that appellant had failed to attend the…