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eBook details

• Title: Jacob J. Walker and Annie F. Walker v.
• Author : Supreme Court of Alaska
• Release Date : January 24, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

RABINOWITZ, Chief Justice. OPINION. Jacob and Annie Walker appeal from the superior court's entry of an injunction against their attempted foreclosure, pursuant to a deed of trust, against property they sold to William and Catherine White, and from the superior court's dismissal of their counterclaim seeking judgment on a promissory note executed by the Whites. The Walkers contend that the court erred in granting summary judgment. We affirm in part and reverse in part. In July 1964, the Walkers conveyed to the Whites by warranty deed title to real property located in Fairbanks. One year later, the Whites executed a promissory note to the Walkers for $6,992.81. Simultaneously, the Whites executed a deed of trust, naming the Walkers as beneficiaries. The parties differ as to the exact date that the Whites ceased making payments on the note, but agree that it was in 1969. The Whites' cessation was apparently prompted by their discovery that the house on their land encroached on another lot, contrary, they claim, to the Walkers' representations.

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