Gibson v. Elba Exchange Bank

SIMPSON, Justice.

Supersedeas proceeding by Ashley Gibson, appellant. Code 1940, Tit. 13, § 128. The appellant is seeking to have superseded an execution issued out of the Coffee County Circuit Court. The execution was to satisfy a judgment (as we interpret it) rendered against appellant on two promissory notes.

In 1950 Elba Exchange Bank, the appellee, filed an action against the appellant in detinue and to recover on two promissory notes held by appellee. The first count of the complaint was in detinue; count number 2 was on a promissory note executed by appellant in February, 1949 and…