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COSTANZA v. COSTANZA

SC 2429.

346 So.2d 1133 (1977)

Bess A. COSTANZA v. Vincent J. COSTANZA and Central Bank of Birmingham.

Supreme Court of Alabama.

May 27, 1977.

Attorney(s) appearing for the Case

William B. McCollough, Jr., for McCollough & McCollough, Birmingham, for appellant.

Marshall Timberlake, for Balch, Bingham, Baker, Hawthorne, Williams & Ward, Birmingham, for appellees.

JONES, Justice.

Bess Costanza, the plaintiff, appeals from a judgment for the defendant, Central Bank of Birmingham, on its counterclaims in Mrs. Costanza's action to cancel and annul a mortgage.

Bess Costanza and her husband, Vincent, operated two gift shops in Birmingham known as "Gifts by Bess"—one located in the Eastwood Mall and the other in Hoover. Prior to the opening of the Hoover Store, the Costanzas jointly owned and operated the Eastwood...

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