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STEWART v. AmSOUTH MORTG. CO., INC.

2940882.

679 So.2d 247 (1995)

Madelaine B. STEWART v. AmSOUTH MORTGAGE COMPANY, INC.

Court of Civil Appeals of Alabama.

Rehearing Denied December 22, 1995.

Attorney(s) appearing for the Case

Allen W. Howell of Shinbaum & Howell, Montgomery, for appellant.

J. Knox Argo of J. Knox Argo, P.C., Montgomery, for appellee.

CRAWLEY, Judge.

This case presents two issues of first impression in Alabama: whether the execution of a mortgage by one joint tenant severs the joint tenancy and to what extent property is subject to an unsatisfied mortgage after the death of a mortgaging joint tenant.

In August 1992, Madelaine Stewart ("the mother") bought a house for the use and benefit of her daughter, Linda Stewart Sanders ("the daughter"), who was going through divorce proceedings. The...

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