JOHNSON v. SHIRLEY

87-341.

539 So.2d 165 (1988)

Johnnie M. JOHNSON v. L. Merrill SHIRLEY, administrator ad litem of the Estate of Gerald Johnson, deceased; and SouthTrust Bank of Coffee County.

Supreme Court of Alabama.

Rehearing Denied January 13, 1989.


Attorney(s) appearing for the Case

Lee H. Copeland of Copeland, Franco, Screws & Gill, Montgomery, for appellant.

L. Merrill Shirley, Elba, for estate of Gerald Johnson.

Joe C. Cassady, Sr., and Joe C. Cassady, Jr. of Cassady, Fuller & Marsh, Enterprise, for appellee SouthTrust Bank of Coffee County.


BEATTY, Justice.

This is an appeal by the plaintiff, Mrs. Johnnie M. Johnson, from an order granting summary judgment for defendants, L. Merrill Shirley, administrator ad litem of the estate of Gerald Johnson, and Elba Exchange Bank, in her action based on money had and received, wrongful foreclosure, conspiracy, and negligence. We affirm in part, reverse in part, and remand.

For a long time, Gerald Johnson and his wife, Johnnie, were customers of Elba Exchange...

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