Judges: PER CURIAM.
Attorneys: John L. Early, for Appellants;
W.H. Tucker and Tom W. Butler, for Appellees.
Filed: May 16, 1939
Latest Update: Mar. 02, 2020
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 685 Appeal brings for review decree in favor of the defendant in a foreclosure suit. In short the facts are these: On May 12, 1926, Mollie Dutton, joined by her husband, Ralph Dutton, made and executed a mortgage to secure the payment of a note of that date due one year after date for the sum of $750.00 to Charles C. Lacey. The mortgage, amongst other things,
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 685 Appeal brings for review decree in favor of the defendant in a foreclosure suit. In short the facts are these: On May 12, 1926, Mollie Dutton, joined by her husband, Ralph Dutton, made and executed a mortgage to secure the payment of a note of that date due one year after date for the sum of $750.00 to Charles C. Lacey. The mortgage, amongst other things, ..
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This cause comes on to be heard on motion to modify the judgment entered herein on the 16th day of May, 1939.
The premises considered, it is ordered that the judgment be modified to read,
For the reasons stated, the decree must be reversed with directions that a decree be entered in favor of the complainants, unless it shall be made to appear to the court below that a third party in interest should be allowed to intervene and establish his rights in the rem, in which event the lower court may allow intervention and adjudicate the right between the intervenor and the party prevailing in this appeal.
So ordered.
TERRELL, C.J., and WHITFIELD, BROWN, BUFORD, CHAPMAN and THOMAS, J.J., concur.
