Gerald Combs v. Raymond L. Gray and Rose

John C. Crow, Presiding Judge AFFIRMED AS MODIFIED This case arises from an $11,700 promissory note dated June 20, 1983, signed by plaintiffs Gerald Combs, Barbara Combs, Bruce Gray and Rosemary Gray, payable to the order of defendants Raymond L. Gray and Rose M. Gray, and secured by a deed of trust on real estate. Plaintiffs' petition alleged that on October 9, 1985, they tendered to defendants the ""full principal and interest due"" on the note, said sum being $14,961.84, but that defendants thereafter refused to execute and deliver to plaintiffs a deed of release of the deed of trust. Plaintiffs prayed for judgment commanding defendants to deliver a sufficient deed of release, for $1,170 (10 per cent of the amount secured by the deed of trust), and for other relief immaterial to any issue here. Defendants counterclaimed, averring that plaintiffs still owed $6,121.96 on the note. Defendants prayed for judgment in that amount, together with interest and attorney fees.