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FIRST SOUTHERN FEDERAL SAV. & LOAN v. BRITTON

Civ. 1075.

345 So.2d 300 (1977)

FIRST SOUTHERN FEDERAL SAVINGS AND LOAN ASSOCIATION OF MOBILE, a corporation, etc. v. Warner A. BRITTON and Barbara Jean Britton.

Court of Civil Appeals of Alabama.

April 20, 1977.

Attorney(s) appearing for the Case

David R. Coley, III, Mobile, for appellant.

Stephen R. Windom, Mobile, for appellees.

WRIGHT, Presiding Judge.

We are confronted in this case with the validity vel non of a "due-on-sale" clause as found in modern real estate mortgages. The particular clause in the mortgage involved in this case is as follows:

"Fifth: Sale or Change in Possession of Property—The Mortgagor shall not sell or transfer title to the property described herein, nor allow or make any change in the possession, or character of possession, thereof, without...

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