Empire Mortgage & Investment Co. v. Dunaway

Mobley, Justice.

The appeal by Empire Mortgage & Investment Company is from an order denying its motion for summary judgment. Weyman H. Dunaway, the appellee, brought a petition in three counts against the appellant. In the first count he sought to set aside a deed made pursuant to a foreclosure sale. The second and third counts prayed for damages and attorney’s fees.

In Count 1, as amended, it was alleged that on July 9, 1965, the appellee executed a second security deed to Frank S. Lesser to described property, and on February 23, 1966, this deed was transferred by Lesser to the appellant. On…