Green v. Southtrust Bank of Sand Mountain

JONES, Justice.

This appeal presents the issue whether the “open-ended” real estate mortgage executed by appellant Gejuane Simpson Green (“Mrs. Simpson”) and her former husband, Joe Simpson, providing security for the husband’s future indebtedness, may be foreclosed for nonpayment of debts incurred by the husband after the appellant personally notified the mortgagee that she would no longer assume any obligation for such indebtedness.

The Facts

In 1975, Joe and Gejuane Simpson jointly executed a real estate mortgage on their marital residence to the plaintiff, South-trust Bank of Sand Mountain…