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YATES v. GUEST

80-11, 80-43.

416 So.2d 973 (1982)

Joe L. YATES, Individually; Florene Yates, Individually v. Ira V. Wayne GUEST, as Executor of the Estate of Connie Gibson Guest. Richard YATES v. Ira V. Wayne GUEST, as Executor of the Estate of Connie Gibson Guest.

Supreme Court of Alabama.

Rehearing Denied July 9, 1982.

Attorney(s) appearing for the Case

Thomas M. Galloway and William H. Sisson of Collins, Galloway & Smith and Peter F. Burns of Morgan & Burns, Mobile, for appellants.

M. A. Marsal of Seale, Marsal & Seale and Robert H. Allen of Nettles, Cox & Barker, Mobile, for appellee.

PER CURIAM.

Appellee Ira V. Wayne Guest, as executor of the estate of Connie Gibson Guest, deceased, recovered a $200,000.00 judgment through a wrongful death suit against appellant Joe L. Yates. In order to collect the judgment Guest levied on and sold all of Yates's dump trucks, but the proceeds from the sale were insufficient to satisfy the judgment, leaving $150,000 of the judgment unsatisfied.

On January 21, 1977, approximately eight months after the...

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