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HIGGINS v. PACESETTER CORP.

2950740.

694 So.2d 1265 (1996)

Bennett HIGGINS v. PACESETTER CORPORATION.

Court of Civil Appeals of Alabama.

Rehearing Denied November 8, 1996.

Attorney(s) appearing for the Case

Winston V. Legge, Jr., of Patton, Latham, Legge & Cole, Athens, for Appellant.

Vicki A. Bell, Huntsville, for Appellee.

CRAWLEY, Judge.

Pacesetter Corporation sued Bennett Higgins, a notary public, in the district court for damages, alleging the wrongful acknowledgment of a mortgage. Pacesetter alleged that Higgins had notarized a mortgage given by a Mr. and Mrs. Houston in favor of Pacesetter, but that the mortgage was invalid because the Houstons had not signed the instrument in the presence of Higgins. Pacesetter further alleged that it was damaged by Higgins's improper acknowledgment...

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