West v. Holman

The action of the trial court in sustaining demurrers to the bill as amended, and in the rendition of a final decree, is presented for review.

By reason of the tripartite agreement of sale and the superior title in the mortgagee, and as the sale may affect the first mortgage on the whole tract, an immediate and interlocking interest in the land is presented, and, to the doing of full and complete justice and equity in the premises by the final decree, the whole title should be before the court. There was error in sustaining demurrers (Hodge v. Joy, 207 Ala. 198, 92 So. 171; Marsh v. Elba Bank…