Montgomery v. Drinkard Auto & Truck Co.

LAWSON, Justice.

On February 6, 1950, J. A. Montgomery and wife, Jannie Montgomery, executed a *686mortgage on certain real property situate in Cullman County to Drinkard Auto & Truck Company, which mortgage, according to its recitals, was executed for the purpose of securing a pre-existing debt owed by the mortgagors to the mortgagee in the sum of $1,486.29.

■ Thereafter, on August 16, 1950, J. A. Montgomery and wife filed a bill in the Circuit court of Cullman County, in equity, against Drinkard Auto & Truck 'Company, a partnership, the members of the partnership, and others. The bill sought a…