Albert v. Nixon

BROWN, Justice.

This appeal is from an interlocutory decree overruling the defendant’s demurrers to the bill. The bill is one for specific performance of a contract, and is filed by one of the parties to the contract against the personal representative of the other party, since deceased, and the wife of said deceased party.

The bill, to state the substance of its aver-ments in short, alleges that said deceased party, P. B. Albert, being the owner of certain lands in Marshall county on which he had executed a certain mortgage to the First Joint Stock Band Bank of Montgomery, Ala., to secure an…