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EX PARTE AVCO FINANCIAL SERVICES

85-192.

486 So.2d 433 (1986)

Ex parte AVCO FINANCIAL SERVICES OF the UNITED STATES, INC., and Cornelius Montgomery. (In re AVCO FINANCIAL SERVICES, etc., et al. v. Calvin SCOTT, et al.)

Supreme Court of Alabama.

March 28, 1986.

Attorney(s) appearing for the Case

Jere L. Beasley, Kenneth J. Mendelsohn, and Sharon G. Yates, of Beasley & Wilson, Montgomery, for petitioners.

Sterling G. Culpepper, Jr. of Balch, Bingham, Baker, Ward, Smith, Bowman & Thagard and Bob E. Allen and Philip S. Gidiere, Jr., of Carpenter & Gidiere, Montgomery, for respondents.

PER CURIAM.

Calvin Scott and Gladys Scott purchased land from AVCO Financial Services of the United States, Inc. (AVCO). Cornelius Montgomery is employed by AVCO. After they purchased the property, taking a warranty deed, the Scotts discovered that the State of Alabama claims to own a right-of-way through their property.

In Montgomery County Circuit Court case CV-84-1580, the Scotts sued AVCO and Montgomery for breach of warranty and fraud. The Scotts also...

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