Mid-State Homes, Inc. v. Roberts

BLOODWORTH, Justice.

This case has been submitted to the court on motion to dismiss the appeal and on the merits.

Appeal was taken from a final decree of the circuit court of Hale County, in equity, declaring void a certain note and mortgage executed by appellees to Jim Walter Corporation and assigned by it to appellant.

Appellees’ motion to dismiss the appeal is grounded on their averments that no “Citation of Appeal” was ever issued by the register of the circuit court of Hale County, in equity, nor has such citation been served on either of them or on their attorney.

Omitting the caption, and…