Constantine v. First Alabama Bank of Birmingham

EDWARD N. SCRUGGS, Retired Circuit Judge.

This case involves the validity of two real estate mortgages given to the plaintiff, First Alabama Bank of Birmingham (bank).

The appeal of Mrs. Constantine, one of the defendants, was recently transferred to this court by the Supreme Court.

The evidence was presented before a jury and the trial court granted directed verdicts in favor of the bank in its action to recover the possession of a house and lot and as to an amended counterclaim of Mrs. Constantine. There was no dispute in the facts as to those issues which were of a “legal” nature, and the…