BABCOCK v. SMITH

5 Div. 887.

234 So.2d 573 (1970)

C. D. BABCOCK and W. J. Gordy v. Paul SMITH and Mary E. Smith.

Supreme Court of Alabama.

Rehearing Denied May 15, 1970.


Attorney(s) appearing for the Case

Robert S. Lamar, Jr., Ball & Ball, Montgomery, for appellants.

Alton, Curlee & Leavell, Montgomery, for appellees.


McCALL, Justice.

This case involves the right of the appellants to foreclose a mortgage, and the construction of two leases, on the mortgaged real property, cross-delivered between the parties. The facts are substantially as follows:

On August 31, 1962, the appellees and the appellants contemporaneously executed and delivered to each other, as the particular transaction required, the following instruments in writing, namely:

1. The appellants lent...

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