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MARSHALL v. MID-STATE HOMES, INC.

83-572.

468 So.2d 131 (1985)

Diane MARSHALL, a legal heir of Juanita Coxsom v. MID-STATE HOMES, INC., et al.

Supreme Court of Alabama.

March 29, 1985.

Attorney(s) appearing for the Case

Alice L. Anderson, Enterprise, for appellant.

R.A. Norred, Birmingham, for appellees.

FAULKNER, Justice.

Plaintiff, Juanita Coxsom, filed an action seeking to set aside a mortgage held by Mid-State Homes, Inc. Plaintiff attempted to obtain service on Mid-State by registered mail. The summons and the complaint were returned to the clerk's office marked "unclaimed." Plaintiff then published a notice in a local newspaper and took a default judgment against Mid-State on January 30, 1974. In January of 1977 Mid-State filed a motion seeking to set aside...

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