Gardner v. Travis

Goolsby, Judge:

This is a foreclosure action brought by William F. Gardner against Jason C. Travis and Dorothy Nell Travis. Jason C. Travis answered and counterclaimed. The circuit court ordered the foreclosure action referred to the master-in-equity for trial and the counterclaims placed on the jury roster for trial. The master ordered the mortgages foreclosed. Jason C. Travis appeals. The dispositive issue on appeal concerns the master’s addressing questions common to both the foreclosure action and the counterclaims while the counterclaims were still pending on the jury roster. We vacate…