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SMITH v. PROTECTIVE LIFE INS. CO., INC.

Civ. 1145.

355 So.2d 728 (1978)

Ellis Elvin SMITH v. PROTECTIVE LIFE INSURANCE COMPANY, INC., and Merchants National Bank of Mobile.

Court of Civil Appeals of Alabama.

February 15, 1978.

Attorney(s) appearing for the Case

Joseph C. McCorquodale, III, Jackson, for appellant.

Robert L. Byrd, Jr., Cunningham, Bounds, Byrd, Yance & Crowder, Mobile, for appellee, Protective Life Insurance Company, Inc.

WRIGHT, Presiding Judge.

Plaintiff appeals from a judgment in his favor charging insufficiency of the award. We affirm.

Plaintiff brought an action in equity against Protective Life and Merchants National Bank of Mobile seeking to enjoin foreclosure of a mortgage on real estate by the bank and to require Protective Life to pay to the bank the sums owed by plaintiff to the bank. Plaintiff later amended, adding claims for fraud and misrepresentation against...

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