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EX PARTE AmSOUTH MORTG. CO., INC.

1950550.

679 So.2d 251 (1996)

Ex parte AmSOUTH MORTGAGE COMPANY, INC. (In re Madelaine B. STEWART v. AmSOUTH MORTGAGE COMPANY, INC.).

Supreme Court of Alabama.

May 31, 1996.

Attorney(s) appearing for the Case

J. Knox Argo, Montgomery, for petitioner.

Allen W. Howell of Shinbaum & Howell, Montgomery, for respondent.

HOUSTON, Justice.

This case involves a contest between a payor (AmSouth Mortgage Company, Inc.) and the beneficiary of the payment (Madelaine B. Stewart) wherein AmSouth seeks, under equitable principles, repayment of the moneys it paid to satisfy a debt of Stewart.

The following statement of pertinent, undisputed facts is taken from the opinion of the Court of Civil Appeals:

"In August 1992, Madelaine Stewart (`the mother') bought a house for the...

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