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FIRST NATIONAL BANK OF MOBILE v. POPE

1 Div. 944, 945, 946.

149 So.2d 781 (1963)

FIRST NATIONAL BANK OF MOBILE, Edwin C. Wilcox, d/b/a Edwin C. Wilcox Company and Harold Donald Percy v. Lavada H. POPE.

Supreme Court of Alabama.

February 7, 1963.

Attorney(s) appearing for the Case

Sam M. Johnston and Johnston & Johnston, Mobile, for First National Bank and Percy.

Caffey, Gallalee & Caffey, Mobile, for Wilcox.

Thornton & McGowin, Mobile, for appellee.

MERRILL, Justice.

The original bill of complaint alleged the procurement of money from the complainant, The First National Bank of Mobile, by Douglas H. Pope, deceased, by the exercise of fraud and the investment by Pope of some of the money so fraudulently obtained in the payment of premiums on life insurance policies totaling $80,000, payable to his wife, Lavada H. Pope, and the use by Pope of some of the money as payment of the purchase price of a homestead, which...

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