Associates Financial Services Co., Inc. v. First National Bank

JONES, Justice.

This is an appeal by defendant, Associates Financial Services Company, Inc., from a judgment for plaintiff, The First National Bank of Mobile, as Executor of the Estate of E. L. Jordan, deceased, in action based on § 108, Title 7, Code of Alabama 1940 (legal fraud).

Two substantive issues are here presented:

1. Whether the trial court erred in not requiring plaintiff to plead by way of replication facts invoking the “saving” clause of § 42, Title 7 (one year after discovery), where in the absence of such pleading, these issues were nevertheless fully framed, tried, and embraced…