SUTTON v. MOTHERSHEAD

1 Div. 609.

232 So.2d 613 (1970)

Ben F. SUTTON et al. v. J. L. MOTHERSHEAD.

Supreme Court of Alabama.

Rehearing Denied March 19, 1970.


Attorney(s) appearing for the Case

Chason, Stone & Chason, Bay Minette, for appellants.

C. LeNoir Thompson, Bay Minette, for appellee.


MERRILL, Justice.

Appeal from a decree dismissing a bill of complaint seeking to enjoin the foreclosure of a mortgage on the ground that the mortgage was not in default, and dissolving the temporary injunction previously issued.

Appellee Mothershead was a distributor of gasoline, oil and associated products. He sold a filling station and premises to W. D. Countryman in 1959 for $15,640.44. The provision in the mortgage for payment was: "The sum of 1¢...

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