First Nat. Bank of Opp v. Wise

GARDNER, Chief Justice.

The original bill sought the avoidance of a foreclosure sale of real and personal property under a power of sale in mortgages executed by P. T. Wise to the defendant, First National Bank of Opp, and an exercise of the equity of redemption by the widow, heirs at law of P. T. Wise, deceased, and the administrators of his estate. The mortgagor Wise died on December 28> 1930, and the mortgage foreclosure sale occurred January 16, 1931. This bill was filed April 15, 1935, more than four years after the foreclosure sales.

In the “ordinary case” by analogy to the time allowed…