Guaranty Mortgage Co. of Nashville v. Seitz

SUGG, Justice,

for the Court:

ON PETITION FOR REHEARING

The petition for rehearing is denied. The original opinion is withdrawn and the following substituted as the opinion of the Court.

Guaranty Mortgage Company appeals from that part of a final decree of the Chancery Court of Oktibbeha County ordering a judicial sale of a shopping center constructed in the City of Starkville, Mississippi. At the trial, Guaranty Mortgage contended that it had expended $1,123,434.48 and its deeds of trust secured this entire amount; however, the chancellor found that only $583,795.48 of this amount actually went…