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SMITH v. UNION BANK & TRUST CO.

1930903.

653 So.2d 933 (1995)

Sam L. SMITH, as executor of the Estate of Elsie S. Leckie, deceased, v. UNION BANK & TRUST COMPANY.

Supreme Court of Alabama.

January 13, 1995.

Attorney(s) appearing for the Case

Bob E. Allen, Millbrook, for appellant.

Joseph P. Borg of Capouano, Wampold, Prestwood & Sansone, P.A., Montgomery, for appellee.

INGRAM, Justice.

In 1976, several persons, including Elsie S. Leckie, executed a promissory note to Union Bank & Trust Company ("Union Bank"), secured by a mortgage in favor of Union Bank on certain real property. In 1993, the note went into default; Union Bank then held a foreclosure sale of the mortgaged property. The sum paid for the property at the sale was less than the amount owed on the promissory note. Union...

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