Mid-State Homes, Inc. v. Brown

BEATTY, Justice.

The plaintiff appeals from a judgment for the defendants arising out of an action in the nature of an action of ejectment and Title 7, § 959, Alabama Code (Recomp.1958) (now Code oí Ala. 1975, § 6-6-298). We reverse and remand.

An earlier opinion, Mid-State Homes, Inc. v. Brown, 294 Ala. 242, 314 So.2d 836 (1975), furnishes a review of the factual background of the present controversy. In that case this plaintiff had brought an action in the nature of an action of ejectment for this same property, claiming title through the foreclosure of a mortgage and a foreclosure deed in…