LIPSCOMB v. TUCKER

SC 882, SC 882A.

314 So.2d 840 (1975)

Virginia Bailey LIPSCOMB et al. v. John H. TUCKER and Loma Gene Tucker.

Supreme Court of Alabama.

May 22, 1975.


Attorney(s) appearing for the Case

George A. Moore, Huntsville, for appellants George L. Bailey, III, and Patricia Bailey.

Cloud, Berry, Ables, Blanton & Tatum and James T. Baxter III, Huntsville, for appellants, Virginia Bailey Lipscomb, Virginia Lee Bailey (Worley), Mary Alice Bailey Abercrombie, and Helen Jane Bailey Childers ("mortgagee-defendants") and

Dieter J. Schrader, Huntsville, for appellees.


BLOODWORTH, Justice.

On January 16, 1973, John H. Tucker and Loma Gene Tucker (plaintiffs-Tucker) filed a complaint in the Circuit Court of Madison County against Virginia Bailey Lipscomb, Virginia Lee Bailey, Mary Alice Bailey Abercrombie, and Helen Jane Bailey Childers ("mortgagee-defendants") and George L. Bailey, III, and Patricia A. Bailey ("defendants-Bailey").

The complaint seeks to:

(1) have a mortgage, executed by plaintiffs and defendants...

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