MOBLEY, Justice.
The appeal by Empire Mortgage & Investment Company is from an order denying its motion for summary judgment. Weyman H. Dunaway, the appellee, brought a petition in three counts against the appellant. In the first count he sought to set aside a deed made pursuant to a foreclosure sale. The second and third counts prayed for damages and attorney's fees.
In Count 1, as amended, it was alleged that on July 9, 1965, the appellee executed a...
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