Union Central Life Ins., Cincinnati, Ohio v. Thompson

BROWN, Justice.

Bill by a mortgagor in possession filed pending foreclosure under the power of sale, against the mortgagee and its attorneys who were proceeding with the foreclosure, for an accounting and the ascertainment of the amount due on the mortgage debt, and to enjoin the foreclosure.

The property was advertised for sale on July 5, 1934, at the courthouse door in Troy, Ala.; the bill was filed and the injunction issued on July 3d, but the writ was not served on the defendants until the 6th of July. After the filing of the bill, the defendants, not having notice of the issuance of the…