Diveto v. Mid-State Homes, Inc.

Complainants (appellants) filed their bill of complaint in the circuit court of Walker County, in equity, to enjoin the foreclosure of a mortgage on some real property in Walker County. The trial court, on final submission, after hearing the evidence ore tenus, dissolved a temporary injunction restraining the foreclosure, dismissed the bill, and taxed complainants and sureties on the injunction bond with all costs, for the collection of which execution was ordered to . issue. On petition of complainants, the temporary injunction was reinstated pending appeal.

It appears from the evidence that…