HINTON v. HOBBS

SC 2436.

349 So.2d 28 (1977)

Claude A. HINTON et al. v. Boyd L. HOBBS et al.

Supreme Court of Alabama.

August 19, 1977.


Attorney(s) appearing for the Case

William M. Acker, Jr., and Ezra B. Perry, Jr., Birmingham, for appellants.

John A. Owens and Randolph M. Fowler of Phelps, Owens & Jenkins, Tuscaloosa, for appellees.


EMBRY, Justice.

Claude A. Hinton, Jr., by Frank S. Blackford, as Trustee of the Bankrupt Estate of Claude A. Hinton, Jr., appeals from a summary judgment entered in favor of defendant First State Bank of Tuscaloosa. Consent judgments against Boyd L. Hobbs and Henry J. Brislin in the same action are not involved in this appeal.

This appeal evolves from a suit filed, on 23 October 1974, by Hinton against Boyd L. Hobbs, Henry J. Brislin, and

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