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NOWELL v. PATE

4 Div. 914.

103 So.2d 757 (1958)

O. S. NOWELL v. Jack PATE.

Supreme Court of Alabama.

Rehearing Denied June 19, 1958.

Attorney(s) appearing for the Case

J. Hubert Farmer, Dothan, for appellant.

Lee & McInish, Dothan, for appellee.

LAWSON, Justice.

In 1948 O. S. Nowell was indebted to The Farmers & Merchants Bank, Ashford, Alabama. The debt which was evidenced by a promissory note was secured by a mortgage on approximately ninety-one acres of land in Houston County and on certain items of personal property.

On February 1, 1950, the note and mortgage were transferred by the Bank to Jack Pate. At that time the amount of the mortgage debt was approximately $4,000.

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