GUARANTY MORTG. CO. OF NASHVILLE v. SEITZ

No. 50468.

367 So.2d 438 (1979)

GUARANTY MORTGAGE COMPANY OF NASHVILLE d/b/a Nashville Guaranty Mortgage Company v. W.M. SEITZ, Day and Night Air Conditioning Company, West State Steel Co., Inc., et al.

Supreme Court of Mississippi.

January 24, 1979.


Attorney(s) appearing for the Case

Butler, Snow, O'Mara, Stevens & Cannada, Robert C. Cannada, George H. Butler, Jackson, J. Wilmot Thomson, Jr., Starkville, for appellant.

Threadgill & Smith, Columbus, James E. Brown, Starkville, Ward & Ward, Starkville, David L. Sanders, Columbus, Stark & McAlpin, Starkville, Dolton W. McAlpin, Starkville, William H. Ward, Starkville, John Paul Moore, Starkville, Fred A. Ross, Jr., Jackson, for appellee.

EN BANC.


SUGG, Justice, for the Court:

ON PETITION FOR REHEARING

The petition for rehearing is denied. The original opinion is withdrawn and the following substituted as the opinion of the Court.

Guaranty Mortgage Company appeals from that part of a final decree of the Chancery Court of Oktibbeha County ordering a judicial sale of a shopping center constructed in the City of Starkville, Mississippi. At the trial, Guaranty Mortgage contended that it had expended...

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