Epperson v. Singleton

I agree with the majority opinion except as to the disposition of appellant’s contention that the trial court erred in holding that it did not have jurisdiction of the action for a foreclosure sale. The majority relies upon payment of the mortgage debt as determined by the foreclosure decree. The chancellor did not make a finding that the decree was satisfied by payment, although he said that a docket notation by the clerk that the amount had been paid to appellant’s attorney was of considerable significance. Payment seems rather doubtful to me because the attorney who purportedly made the…