
    (80 South. 893)
    HOPPER v. HARRIS et al.
    (7 Div. 968.)
    (Supreme Court of Alabama.
    Feb. 6, 1919.)
    Appeal from Circuit Court, Etowah County; J. E. Blackwood, Judge. Suit by J. A. Hopper against Dave Harris and others to foreclose a mortgage. From a decree dismissing the bill, complainant appeals.
    Affirmed.
    Culli & Mar-tin, of Gadsden, for appellant.
    W. J. Boykin, of Gadsden, for appellees.
   ANDERSON, C. J.

It is questionable as to whether or not the mortgage in question was given for a legal consideration; but, conceding that it was, the weight of the evidence shows that it was surrendered and satisfied by the mortgagee to the mortgagor before the death of the latter, and the tr-ial court did not err in dismissing complainant’s bill seeking a foreclosure of said mortgage. The decree of the circuit court is affirmed.

Affirmed.

MAYFIELD, SOMERVILLE, and THOMAS, JJ., concur.  