Hawk v. Moore

MERRILL, Justice.

Appellee Moore filed a bill to set aside a mortgage foreclosure by appellant Hawk on the ground that the mortgage debt had been fully paid or that the price realized at the foreclosure sale was so grossly inadequate that he should be permitted to redeem.

On first appeal, 260 Ala. 228, 69 So.2d 419, 420, we held that in the absence of unusual circumstances, the right to dis-affirm the foreclosure sale was barred in two years, and this bill was filed four years after the foreclosure. We also found “the evidence so indefinite and uncertain that we deem it best to remand the cause…