Citizens Bank v. Mauldin

This is an appeal by the plaintiff, Citizens Bank (hereinafter Bank), from an order granting summary judgment in favor of the defendants, the Leonard Preuit Estate and E.F. Mauldin, doing business as a partnership (hereinafter Partnership), in a suit for conversion and wrongful attachment. We affirm.

On February 16, 1982, the Partnership brought an action pursuant to Code 1975, § 35-11-111, to enforce a mechanic’s lien against Samuel Jones, Jr., for work done on an International Harvester 416 cotton picker owned by Jones. Upon investigation, the Partnership discovered that the Bank had filed a…