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BYRD v. COMMERCIAL GUARANTY BANK OF MOBILE

79-813.

391 So.2d 114 (1980)

Patricia BYRD and Ora Wheeler v. COMMERCIAL GUARANTY BANK OF MOBILE.

Supreme Court of Alabama.

December 12, 1980.

Attorney(s) appearing for the Case

Warren L. Finch and Ann E. Taylor of Finch, Shoemake & Taylor, P. C., Mobile, for appellants.

Thomas J. Stein, Mobile, for appellee.

SHORES, Justice.

Ora Wheeler1 filed a complaint in the Circuit Court of Mobile County seeking to enjoin the sheriff from selling certain property described in the complaint to satisfy a judgment rendered in favor of Commercial Guaranty Bank in the District Court of Mobile County.

The complaint in the circuit court alleged that service of process was never perfected on Ora Wheeler and that the district court had refused to set aside...

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