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BLAYLOCK v. CARY

1952086.

709 So.2d 1128 (1997)

Grover R. BLAYLOCK, et al. v. Charles D. CARY and Katherine E. Cary.

Supreme Court of Alabama.

Rehearing Denied January 23, 1998.

Attorney(s) appearing for the Case

Hobart A. McWhorter, Jr., and Jeffrey P. Lisenby of Bradley, Arant, Rose & White, Birmingham, for appellants.

M. Clay Alspaugh and J. Lee Roberts, Jr., of Hogan, Smith & Alspaugh, Birmingham, for appellees.

SEE, Justice.

This is an appeal from a preliminary injunction enjoining foreclosure of a mortgage on residential real estate. Grover Blaylock and several of his family members (the "Blaylocks")1 sold a used house to Charles and Katherine Cary. Although the Carys had actual notice that the house had water damage, they purchased it "as is." The Carys executed a note payable to, and a mortgage to, the Blaylocks. The Carys then refused to...

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