Johnson v. Maness

FOSTER, Justice.

This is a second appeal, see 232 Ala. 411, 168 So. 452.

As considered on that appeal, complainant sought to enforce an alleged agreement made by defendant when complainant as mortgagor executed a deed in lieu of foreclosure, by which defendant agreed to allow complainant two years in which to redeem. This Court denied relief to complainant on that hearing because defendant alleged and proved that any such agreement, if made, was within the statute of frauds and void, on defendant’s plea to that effect. Defendant could have waived that defense and have stood on his denial of the…