Silverstein v. First Nat. Bank of Birmingham

FOSTER, Justice.

This is a bill filed in equity, and was amended, and to it as finally amended demurrers were overruled, and an appeal now taken by respondents. It is sought to foreclose a mortgage, to have a deficiency decree entered, if there is such deficiency, and that certain transfers of property be set aside as fraudulent and be subject to the deficiency indebtedness.

The mortgage was made to the city of Birmingham as sole trustee under the last will and testament of Sallie E. Jackson, deceased. The habendum clause extends to its successors also.

By amendment to the bill, it is alleged…