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COOKS v. JIM WALTER HOMES, INC.

2950634.

695 So.2d 19 (1996)

Jessie Lee COOKS and Malita McKensy Cooks v. JIM WALTER HOMES, INC., et al.

Court of Civil Appeals of Alabama.

Rehearing Denied December 20, 1996.

Certiorari Denied April 25, 1997.

Attorney(s) appearing for the Case

Davis B. Whittelsey of Whittelsey & Whittelsey, P.C., Opelika, for appellants.

Richard H. Gill and George W. Walker III of Copeland, Franco, Screws & Gill, P.A., Montgomery, for appellees.

Alabama Supreme Court 1960626.

ROBERTSON, Presiding Judge.

Jessie Lee Cooks and his wife, Malita McKensy Cooks, appeal from a summary judgment for Jim Walter Homes, Inc. ("Jim Walter").

In 1979, Jim Walter entered into a contract with Alphonso Butler whereby Jim Walter was to construct a home on a certain parcel of real property. In a related transaction, Butler executed a mortgage on that real property in favor of Jim Walter. On November 5, 1984,...

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