FIRST NATIONAL BANK OF MOBILE v. POPE

1 Div. 823-825.

117 So.2d 174 (1959)

FIRST NATIONAL BANK OF MOBILE, Edwin C. Wilcox, doing buisness as Edwin C. Wilcox Company, and Harold Donald Percy, v. Lavada H. POPE.

Supreme Court of Alabama.

Rehearing Denied January 21, 1960.


Attorney(s) appearing for the Case

Sam M. Johnston, Johnston, McCall & Johnston, Mobile, for appellant First National Bank.

Caffey, Gallalee & Caffey, Mobile, for appellant Wilcox.

Dan T. McCall, Jr., Mobile, for appellant Percy.

Thornton & McGowin, Mobile, for appellee.


MERRILL, Justice.

Appeal from a decree sustaining demurrer to bill as amended and to cross-bills of respondents, Wilcox and Percy.

The original bill of complaint was filed by the First National Bank of Mobile. It alleged the procurement of money from the bank by Douglas H. Pope, deceased, by the exercise of fraud, and the investment by Douglas H. Pope of some of the money so fraudulently obtained in the payment of premiums on life insurance policies totaling...

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