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LUMBERTON STATE BANK v. FORTENBERRY

No. 45337.

222 So.2d 384 (1969)

LUMBERTON STATE BANK v. Hershel FORTENBERRY.

Supreme Court of Mississippi.

May 5, 1969.

Attorney(s) appearing for the Case

B.J. Garraway, Lumberton, Simrall, Aultman & Pope, Hattiesburg, for appellant.

Scales & Scales, Fred T. Rucker, Jackson, for appellee.

Elizabeth Hulen, Watkins & Eager, Jackson, amicus curiae brief for Continental Ins. Co.

INZER, Justice:

This is an appeal by Lumberton State Bank from a decree of the Chancery Court of Jefferson Davis County requiring appellant to restore the sum of $19,097.30 to a bank account maintained by appellee, Hershel Fortenberry, designated as Prentiss Stockyards, Custodial Account, and to pay the funds to the payees of checks drawn on the account. We affirm.

The bill of complaint in this case alleges that the complainant, Hershel Fortenberry, owned...

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