POWELL v. PHENIX FEDERAL SAV. & LOAN ASS'N

81-758.

434 So.2d 247 (1983)

Sara POWELL, et al. v. PHENIX FEDERAL SAVINGS & LOAN ASSOCIATION.

Supreme Court of Alabama.

June 17, 1983.


Attorney(s) appearing for the Case

David S. Yen, of Legal Services Corporation of Ala., Opelika, for appellants.

Robert P. Lane, of Phillips & Funderburk, Phenix City, for appellee.


BEATTY, Justice.

This appeal involves a mortgage foreclosure begun when the plaintiffs sold part of their land in order to be able to keep their house. The plaintiffs brought suit to enjoin foreclosure by the defendants. The issue is whether the trial court erred in allowing foreclosure based on the due-on-sale clause in the mortgage. We reverse and remand for further consideration by the trial court.

FACTS

The plaintiffs-appellants, Sara and Era...

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