ROBERSON v. FAIRCLOTH

Civ. 1504.

365 So.2d 1224 (1978)

George W. ROBERSON, Jr. v. George Taylor FAIRCLOTH.

Court of Civil Appeals of Alabama.

Rehearing Denied December 13, 1978.


Attorney(s) appearing for the Case

James E. Hart, Jr., Brewton, for appellant.

Johnnie B. Byrd, Jr., of Caffey & Byrd, Brewton, for appellee.


WRIGHT, Presiding Judge.

This is an action to have a deed of mineral acreage declared an equitable mortgage and to have the mortgage indebtedness determined. Judgment after oral hearing was for the plaintiff Faircloth. Defendant Roberson appeals.

Plaintiff and defendant were in the respective relationship of debtor-creditor for a period of several months prior to September 2, 1976. On more than two occasions plaintiff had borrowed money from defendant. Loans...

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