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SCARBER v. KELSOE

1901813.

594 So.2d 68 (1992)

Dorosco SCARBER and Jacqueline McLemore v. James Robert KELSOE and Frances Jane Kelsoe.

Supreme Court of Alabama.

January 31, 1992.

Attorney(s) appearing for the Case

Jerome Tucker III of Colee & Tucker, Birmingham, for appellants.

Walter W. Kennedy III, Oneonta, for appellees.

STEAGALL, Justice.

The plaintiffs, Dorosco Scarber and Jacqueline McLemore filed a complaint in the Circuit Court of Etowah County, seeking a judgment declaring the outstanding balance due on a mortgage note executed by them in February 1983.1 The defendants, James and Frances Kelsoe, counterclaimed, requesting that the court reform the mortgage note to reflect an annual interest rate of 10 per cent. The trial court, after receiving ore...

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