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SWIFT v. KIRBY

737 S.W.2d 271 (1987)

John H. SWIFT, Appellee, v. Kenneth W. KIRBY, et ux., et al., Appellants.

Supreme Court of Tennessee, at Nashville.

August 31, 1987.

Attorney(s) appearing for the Case

Fred E. Cowden, Jr., Nashville, for appellee.

H. Frederick Humbracht, Diane S. Kuhn, Dearborn & Ewing, Michael J. Philbin, Robert E. Kolarich, Adams, Taylor, Philbin, Pigue & Marchetti, Thomas V. White, John N. Popham, Tune, Entrekin & White, Nashville, for appellants.

Harris A. Gilbert, John W. Lewis, Gilbert & Milom, Nashville, for McAlister & Hart amicus curiae.

Lowe Watkins, Dan E. McGugin, Jr., Watkins, McGugin, McNeilly & Rowan, Nashville, for Com. Land amicus curiae.

Jack M. Tallent, II, Rebecca B. Murray, Kennerly, Montgomery & Finley, Knoxville, for Mid-South Title amicus curiae.

Richard Dance, Dance & Dance, Nashville, for First Tennessee Bank amicus curiae.

OPINION

FONES, Justice.

The primary issue in this case is whether the statutory right to redeem real property sold at foreclosure, granted by T.C.A. § 66-8-101 et seq., is waived by use of the phrase "equity of redemption."

Plaintiff, Swift, executed a deed of trust conveying real property to secure payment of a note to Commerce Union Bank in the sum of $10,000.00. He defaulted and the property...

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