Judges: PER CURIAM. —
Attorneys: Walter Kehoe and John J. Kehoe, for Appellant;
Carter Carter and John L. Moore, for Appellees.
Filed: Jun. 10, 1926
Latest Update: Mar. 02, 2020
Summary: Alleging a breach in the mortgage by failure to pay the interest due May 1, 1920, of $155.32, claiming the benefit of the acceleration clause therein, Charles Foreman filed his bill of complaint against M. D. Barnett and J. A. Richbourg and their wives on July 21, 1920, praying foreclosure thereof. The defendants answered denying the breach. On February 8, 1922, an amended bill of complaint was filed and in this bill the appellant is made a party, the complaint in the sixth paragraph of his bill
Summary: Alleging a breach in the mortgage by failure to pay the interest due May 1, 1920, of $155.32, claiming the benefit of the acceleration clause therein, Charles Foreman filed his bill of complaint against M. D. Barnett and J. A. Richbourg and their wives on July 21, 1920, praying foreclosure thereof. The defendants answered denying the breach. On February 8, 1922, an amended bill of complaint was filed and in this bill the appellant is made a party, the complaint in the sixth paragraph of his bill ..
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The decree of reversal herein is amended by adding thereto the following: Such further relief not to affect the decree in favor of the mortgagee Foreman in so far as such decree subjects the rights of Barnett and Richbourg as assignees of Adams under the contract for the
sale of the land by Houston to Adams, nor as to a deficiency decree against Barnett and Richbourg in favor of Foreman.
It is so ordered.
Rehearing denied.
All concur.
