Mid-State Homes, Inc. v. Jones

LAWSON, Justice.

The appeal is from a decree overruling a demurrer to a bill in equity.

The bill filed by Lindberg Jones against Mid-State Homes, Inc., seeks to enjoin the foreclosure of a mortgage and to have the mortgage cancelled as a cloud on cornplainant’s title in so far as it purports to cover property owned by complainant.

Subject mortgage was executed on Inarch 19, 1959, by Thelma Odell Jones to Jim Walter Corporation. It was assigned by Jim Walter Corporation to Mid-State Homes, Inc., on March 27, 1959. It is alleged that Mid-State Homes, Inc., has taken steps leading to the…