Pressley v. Maxwell

Jordan, Justice.

This appeal arises from an order granting appellee’s motion for judgment on the pleadings.

Appellee, E. H. Maxwell, instigated foreclosure proceedings under a security deed given to him by Mary Brown Maxwell. She brought a petition in the Superior Court of Floyd County seeking to enjoin the foreclosure. Appellant, Ronnie J. Pressley, intervened against both E. H. Maxwell and Mary Brown Maxwell alleging that he held title to the same property by virtue of a warranty deed from Mary Brown Maxwell which had been given pursuant to an auction sale.

Mary Brown Maxwell did not appear…