BANK OF GADSDEN v. DIXIE HEATING & COOLING CO., INC.

Civ. 3432.

425 So.2d 491 (1983)

BANK OF GADSDEN, A Corporation v. DIXIE HEATING & COOLING COMPANY, INC., A Corporation.

Court of Civil Appeals of Alabama.

January 5, 1983.


Attorney(s) appearing for the Case

Jim L. Wilson of Wilson & Hudson, Gadsden, for appellant.

Jack W. Torbert, Jr. of Torbert, Turnbach & Warren, Gadsden, for appellee.


BRADLEY, Judge.

This is an appeal from a summary judgment involving the validity of a mortgage.

In early December 1979, Robert E. Beaube and wife, Carey G. Beaube, negotiated with the Bank of Gadsden for a construction loan. The loan was to be used for the construction of a house on lot number twenty-two in Western Hills Subdivision, second addition, plat "I," page 147, Probate Office, Etowah County, Alabama. On December 12, 1979 a mortgage was executed purporting...

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