Ex Parte AmSouth Mortg. Co., Inc.

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 use and benefit of her daughter, Linda Stewart Sanders ('the daughter'), who was going through divorce proceedings. The mother paid an equity amount of $6,786 and…