W. B. Hoffman v. Timmie Jordan

STAKELY, Justice. On December 17, 1936, Eli M. Jordan and his wife H. P. Jordan executed a mortgage to W. B. Hoffman (appellant)
to secure the sum of $82.50 on certain real estate in Geneva County, Alabama. Eli M. Jordan died intestate on February 19,
1939. Thereafter on April 28, 1941, a deed was executed by all of the heirs at law of Eli M. Jordan to W. B. Hoffman purporting
to be in lieu of foreclosure of the aforesaid mortgage. The bill in the case at bar was filed by the living children of Eli M. Jordan and the children of one deceased child, the
widow having died, being all the next of kin and heirs at law of Eli M. Jordan, alleging in substance that the indebtedness
secured by said mortgage had been paid and the mortgage should be cancelled and praying in the alternative that the complainants
be allowed to exercise the equitable right of redemption. The bill further prayed for cancellation of the deed executed to
W. B. Hoffman on April 28, 1941, on the ground that it was procured by fraud and on the ground that Timmie Jordan, one of
the heirs at law of Eli M. Jordan, was a non compos mentis at the time of its execution. The bill further prayed that upon
cancellation of the deed the court enter a decree ordering the property sold for division among the heirs of Eli P. Jordan,
deceased, who are alleged to be joint owners or tenants in common of the property.