AUSTIN APPAREL, INC. v. BANK OF PRATTVILLE

2010292.

872 So.2d 158 (2003)

AUSTIN APPAREL, INC. v. BANK OF PRATTVILLE n/k/a Whitney National Bank, and Southern Industries of Clover, Ltd.

Court of Civil Appeals of Alabama.

Rehearing Denied May 2, 2003.


Attorney(s) appearing for the Case

J. Knox Argo, Montgomery, for appellant.

Kimberly G. Kervin of Kervin & Cook, L.L.C., Prattville, for appellee Bank of Prattville n/k/a Whitney National Bank.

J. Robert Faulk of McDowell, Faulk & McDowell, L.L.C., Prattville, for appellee Southern Industries of Clover, Ltd.


MURDOCK, Judge.

This case arose out of an interpleader action filed in the Autauga Circuit Court by the Bank of Prattville n/k/a Whitney National Bank ("the Bank") for the disbursement of what the Bank determined to be excess sales proceeds the Bank received when it foreclosed on a mortgage lien against real property owned by Gurney Industries, Inc. ("Gurney"), and sold the real property (located in Autauga County) that had secured the mortgage.

The record...

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