Citizens Bank of Moulton v. Burks

GARDNER, Chief Justice.

Complainant, the wife of J. R. Burks, is the owner of certain described real estate situated in Lawrence County, Alabama, and in October, 1938, filed this bill to have cancelled and annulled a mortgage bearing date of January 13, 1926, executed by herself and husband to the defendant, The Citizens Bank of Moulton, embracing this realty. The mortgage was given to secure a note signed by complainant and her husband of even date (the wife signing first), which note was renewed from year to year in varying amounts, but no additional mortgage was executed, the original…