Talley v. Blackmon

W. Harold Flowers, Judge.

Appellants appeal from an order of the chancery court granting appellee motion for a summary judgment and dismissing appellants’ complaint on the ground that a prior action filed by appellants in the circuit court seeking a money judgment estopped them from instituting this action in chancery court seeking judgment and an equitable mortgage.

Appellants, an aged couple married for fifty-two years, withdrew from their savings accounts the sum of $22,000 at the request of the appellee and his wife, the son-in-law and daughter of appellants, and paid off the mortgage on…