MONTGOMERY v. PARKER BANK & TRUST CO.

6 Div. 202.

53 So.2d 566 (1951)

MONTGOMERY et al. v. PARKER BANK & TRUST CO.

Supreme Court of Alabama.

June 14, 1951.


Attorney(s) appearing for the Case

A. L. Sapp, Cullman, for appellants.

Finis E. St. John, Cullman, for appellee.


SIMPSON, Justice.

The complainants have appealed from a decree sustaining demurrer to a bill in equity seeking to have a real estate mortgage held by the defendant cancelled and set aside as comprising their homestead.

The bill alleges that appellant J. A. Montgomery became indebted to appellee, the bank, in the amount of $1,716 and that he and his wife, also appellant, did on the 16th day of May, 1949, execute a mortgage embracing the homestead to secure...

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