PUTMAN REALTY & AUCTION, INC. v. BAILES

78-3.

371 So.2d 658 (1979)

PUTMAN REALTY & AUCTION, INC., a corp., David Terrell and Wanda Terrell v. Minnie E. BAILES.

Supreme Court of Alabama.

May 25, 1979.


Attorney(s) appearing for the Case

James A. Fleming of Watts, Salmon, Roberts, Manning & Noojin, Huntsville, for appellants.

Patrick W. Richardson, Huntsville, for appellee.


MADDOX, Justice.

A jury found that a mortgagee, who had accepted late payments from the original mortgagors, was not estopped to demand payments on time from the mortgagors' grantee, and was not estopped to foreclose under the terms of the mortgage. We affirm.

In 1971, Minnie Bailes conveyed to Annie Sue J. Smith certain real property and received back from Mrs. Smith and her husband, Robert Smith, a promissory note in the amount of $24,000, and a mortgage...

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