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TURBYFILL v. HYDE

2941305.

676 So.2d 359 (1996)

John D. TURBYFILL v. Louis B. HYDE, as executor of the Estate of Mae Bell Hyde, deceased.

Court of Civil Appeals of Alabama.

March 29, 1996.

Attorney(s) appearing for the Case

Neil Taylor, Jr., Russellville, for Appellant.

David Neal of Bedford & Rogers, P.C., Russellville, for Appellee.

L. CHARLES WRIGHT, Retired Appellate Judge.

Louis B. Hyde, as executor of the estate of Mae Bell Hyde, filed an action against John D. Turbyfill, demanding a monetary judgment for nonpayment of a promissory note. Hyde filed a motion for a summary judgment, which was granted. Turbyfill appeals. This case is before us pursuant to § 12-2-7(6), Code 1975.

On October 16, 1989, Mae Bell Hyde gave her brother, Turbyfill, $36,000. Turbyfill, in writing, promised...

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