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TIERCE v. APS CO.

78-231.

382 So.2d 485 (1979)

Memnon TIERCE, II v. APS COMPANY and Campus Apartments Company.

Supreme Court of Alabama.

Rehearing Denied March 28, 1980.

Attorney(s) appearing for the Case

Jule R. Herbert, Jr., Colin A. Barrett of Lee, Barrett & Mullins, Tuscaloosa, for appellant.

Robert B. Harwood, Jr., Tuscaloosa, for appellees.

EMBRY, Justice.

This is an appeal from a final decree permanently enjoining appellant/defendant, Memnon Tierce, II from foreclosing a mortgage on certain property because of a prior sale of that property by appellee/plaintiff APS Company, to the other appellee/plaintiff Campus Apartments Company. We reverse.

APS Company is a partnership composed of three persons: C. H. Armstrong, A. W. Patton, Jr., and Alonzo J. Strickland, III. In May of 1975, APS entered...

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