HOLLOWAY v. BARRETT

No. 6497.

487 P.2d 501 (1971)

H.H. HOLLOWAY, Petitioner, v. The Honorable John W. BARRETT, DISTRICT Judge of the Second Judicial District Court of the State of Nevada, In and For the County of Washoe, Department 2, thereof, Respondent.

Supreme Court of Nevada.

July 23, 1971.


Attorney(s) appearing for the Case

Maurice J. Sullivan, Reno, for petitioner.

Gray, Horton & Hill, Fry & Fry, Reno, for respondent.


OPINION

BATJER, Justice.

The original action was filed in the district court to recover a judgment for a deficiency remaining upon a promissory note after a trustee's sale of real property pursuant to the terms of a deed of trust.

The petitioner, the plaintiff in the court below, moved for summary judgment in the amount of the difference between the indebtedness at the time of sale and the proceeds of sale...

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