HARRIS v. HARRIS

Civ. 4153.

461 So.2d 1330 (1984)

Sharon Elizabeth HARRIS v. Henry Thomas HARRIS.

Court of Civil Appeals of Alabama.

Rehearing Denied June 20, 1984.


Attorney(s) appearing for the Case

Bert P. Noojin and Donald C. Partridge of Noojin & McNair, Mobile, for appellant.

Al Seale and Frances R. Niccolai of Seale, Marsal & Seale, Mobile, for appellee.


EDWARD N. SCRUGGS, Retired Circuit Judge.

This is a divorce case.

The husband contended through his pleadings and evidence that an equitable mortgage or indebtedness exists as to the homeplace of the parties which resulted from a loan made several years earlier by the husband's father in order to enable the parties to initially purchase that property. On the date of the ore tenus trial, the wife filed a motion for a summary judgment upon that indebtedness...

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