Birmingham Fire Casualty Company v. Lewis

LAWSON, Justice.

In 1954 Donald C. Lewis and wife bought a farm, farm equipment and livestock from A. C. Layfield.

The Lewises made a down payment and executed a note to Layfield for the balance. The Lewises also executed a purchase. money mortgage to Layfield to secure the payment of the note.

Layfield remained in possession of the property and refused to delive'r possession when demand therefor was made by the Lewises.

Later Layfield claimed that the Lewises were in default in the payment of the debt secured by the mortgage and had the mortgage foreclosed.

The Lewises, on June 18, 1956, filed a…