Leon Investment Co. v. Independent Life & Accident Insurance

Jordan, Presiding Judge.

The plaintiff, as the grantee of a junior security deed, filed a claim for the surplus funds held by the defendants, a corporation and its attorney, after exercise of the power of sale under a superior security deed, alleging that the debt secured by the junior security deed was due and unpaid in an amount exceeding the surplus funds. The appeal is from an interlocutory order, duly certified for appeal by the trial judge, which denies the plaintiff judgment on the pleadings, sustains the defense that the grantor is a necessary party, and requires the plaintiff to make…