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GAULDEN v. SCRUGGS

986 S.W.2d 1 (1998)

Charles F. GAULDEN, and Wife, Ruth S. Gaulden, Plaintiffs/Appellants, v. Robert L. SCRUGGS, and Wife, Joyce W. Scruggs, Defendants/Appellees.

Court of Appeals of Tennessee, Middle Section, at Nashville.

Rehearing Denied July 17, 1998.

Permission to Appeal Denied December 28, 1998.

Attorney(s) appearing for the Case

Robert A. Anderson, Nashville, Tennessee, Attorney for Plaintiffs/Appellants.

Nader Baydoun, John I. Harris, III, Nashville, Tennessee, Attorneys for Defendants/Appellees.

Permission to Appeal Denied by Supreme Court December 28, 1998.

OPINION

CANTRELL, Judge.

The question in this case is whether a purchaser of mortgaged property, who pays off the mortgage, takes an assignment of the note and deed of trust, and subsequently releases the deed of trust, can then sue the original mortgagor on the note. The Chancery Court of Davidson County dismissed the action. We affirm.

I.

In 1988 the defendants...

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