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ASSOCIATES FINANCIAL SERVICES CO., INC. v. FIRST NATIONAL BANK

SC 378.

292 So.2d 112 (1974)

ASSOCIATES FINANCIAL SERVICES CO., INC. v. The FIRST NATIONAL BANK OF MOBILE et al.

Supreme Court of Alabama.

Rehearing Denied April 11, 1974.

Attorney(s) appearing for the Case

Mylan R. Engel, Mobile, for appellant.

Edward P. Turner, Jr., Chatom, Jerry A. McDowell and Edmund R. Cannon, Mobile, for appellees.

JONES, Justice.

This is an appeal by defendant, Associates Financial Services Company, Inc., from a judgment for plaintiff, The First National Bank of Mobile, as Executor of the Estate of E. L. Jordan, deceased, in action based on § 108, Title 7, Code of Alabama 1940 (legal fraud).

Two substantive issues are here presented:

1. Whether the trial court erred in not requiring plaintiff to plead by way of replication facts invoking the "saving" clause...

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