Webster v. Talley

SIMPSON, Justice.

The case was here before on appeal from a decree on demurrer, where this court held the bill to be good as one to set aside a fraudulent mortgage foreclosure where the mortgagee had allegedly misused the power of sale .in the mortgage to acquire the property for himself. Talley v. Webster, 222 Ala. 188, 131 So. 555.

Subsequent to the first appeal the original defendant, Talley, the mortgagee who purchased at the foreclosure sale, died leaving a will devising all his real estate to his wife for life, with remainder over to his brothers and sisters, the appellees. The bill was…