CENTRAL BANK OF ALABAMA, N.A. v. AMBROSE

82-110.

435 So.2d 1203 (1983)

CENTRAL BANK OF ALABAMA, N.A., a national banking association v. Alfred Paul AMBROSE and Paulette Ambrose.

Supreme Court of Alabama.

Rehearing Denied July 22, 1983.


Attorney(s) appearing for the Case

Charles R. Hare, Jr., Gullahorn & Hare, Albertville, for appellant.

James B. Morton, Topazi, Morton & McNamee, Birmingham, for appellees.


MADDOX, Justice.

The issues here are: (1) whether the trial court erred under the terms of Rule 54(c), ARCP, by granting relief to the defendants not requested by their pleadings; and (2) whether a conveyance found to be fraudulent as to a creditor, nevertheless could stand as security for the value actually paid by a grantee found to have had no knowledge of the fraud. We answer (1) no, and (2) yes, and affirm.

The parties in this case are Central Bank of...

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