Turbyfill v. Hyde

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 to repay the sum, with 8% interest, at a rate of $300 per month. Turby-fill made some payments, but failed to repay the sum according to the…