MORVAY v. DRAKE

SC 1426.

325 So.2d 165 (1976)

Richard M. MORVAY and John Dix v. Vernett DRAKE and H. H. Drake.

Supreme Court of Alabama.

January 2, 1976.


Attorney(s) appearing for the Case

Markstein & Morris, Birmingham, for appellants.

James F. Berry, Cullman, for appellees.


JONES, Justice.

This is an appeal from a decree enjoining John Dix from foreclosing a mortgage which he holds on the property of Vernett and H. H. Drake. We affirm.

The mortgage in question is dated May 25, 1970, and was originally granted to Dix's brother, Richard Morvay. Prior to the execution of the mortgage, H. H. Drake owed Dix $4,050, which was represented by two unsecured promissory notes and Dix owed Morvay an unsecured debt of $5,000. For many years...

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