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FIRST NAT. BANK OF BIRMINGHAM v. HAMMEL

6 Div. 833.

42 So.2d 459 (1949)

FIRST NAT. BANK OF BIRMINGHAM v. HAMMEL et ux.

Supreme Court of Alabama.

October 20, 1949.

Attorney(s) appearing for the Case

Ellis, Lindbergh & Ellis and Matt Murphy, Jr., of Birmingham, for appellant.

Sirote, Permutt & Friend, of Birmingham, for appellees.

LIVINGSTON, Justice.

The First National Bank of Birmingham brought this suit against Paul A. Hammel and wife to set aside the transfer of a joint savings account carried in the name of Mr. and Mrs. Hammel in said bank to the sole account of Mrs. Hammel as a fraud on the creditors of Mr. Hammel.

On evidence heard ore tenus the trial court refused the relief prayed for, hence this appeal.

The uncontradicted evidence shows the following: In the year 1918...

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