GARNER v. PETERS

8 Div. 888.

96 So.2d 166 (1957)

James D. GARNER et al. v. Andrew D. PETERS et al.

Supreme Court of Alabama.

Rehearing Denied June 27, 1957.


Attorney(s) appearing for the Case

Powell & Powell, Decatur, for appellants.

Britnell & McEntire, Decatur, for appellees.


GOODWYN, Justice.

On September 11, 1956, James D. Garner filed a bill of complaint in the circuit court of Morgan County, in equity, against Andrew D. and Helen G. Peters seeking to enjoin the Peters from foreclosing a mortgage executed by Garner and his wife, Dorothy M. Garner, and offering to do equity. The import of the bill is that the complainant is not in default in payment of the monthly installments due on the mortgage indebtedness; and that the respondents...

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