HORNSBY, Chief Justice.
Olympia Produce Company ("Olympia") filed a two-count complaint in the Circuit Court of Cherokee County against Marc Fobbus, Cheryl Fobbus, Helen Fobbus Oyler, and Associates Financial Services of Alabama, Inc. ("Associates"). In its first count, Olympia sought a judgment against defendants Marc Fobbus, Cheryl Fobbus, and Helen Fobbus Oyler for the unpaid balance of a promissory note executed by them. Olympia further asked that the mortgage...
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