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COOPER v. ELBA EXCHANGE BANK

85-108.

496 So.2d 41 (1986)

Dr. L.B. COOPER v. ELBA EXCHANGE BANK, A Corporation.

Supreme Court of Alabama.

October 3, 1986.

Attorney(s) appearing for the Case

Jackson W. Stokes, Elba, for appellant.

Mark Vaughn of Cannon & Vaughan, Elba, for appellee.

STEAGALL, Justice.

Appellant filed suit in the Circuit Court of Coffee County on November 1, 1984, to enjoin the foreclosure by appellee of a mortgage executed by appellant and his wife to appellee bank on May 8, 1965, alleging that the indebtedness secured by the mortgage had been paid. On November 1, 1984, and again on November 28, the trial court granted orders temporarily restraining the foreclosure. Appellee filed its answer and counterclaim on November 14, alleging...

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