Billingsley v. Seibels

MEMORANDUM OF OPINION

POINTER, District Judge.

This cause arises upon defendants’ motions for summary judgment. Plaintiffs are attacking the validity of a deed dated March 6, 1973, from defendant City of Birmingham to defendant Wallace. The deed conveyed real property that was foreclosed at a public improvements sale on' June 24, 1964, following notice by publication pursuant to the Code of Alabama, 1940, Title 37, § 558.

Wallace obtained a decree quieting title to the foreclosed property in McSwain v. Wallace, 312 So.2d 23 (Ala.1975). In the 1975 suit, respondents Billingsley and *2McSwain, who…