Duncan v. Hubbard

GARDNER, Justice.

The bill is properly here to be construed as disclosing a due foreclosure of the mortgage (April, 1933), executed-by complainant’s deceased father, John W. Miller, to the Bibb County Banking & Trust Company, and a single purchase of the whole property by said mortgagee at the foreclosure sale, as authorized by the terms of the mortgage.

Subsequent to the foreclosure (September, 1934), the purchaser at the foreclosure sale sold the timber on some of the land to defendants Hubbard and Hornsby. Complainant has redeemed, prior to the filing of this bill, all of the land conveyed…