Mims v. Citizens Bank of Prattville

Mims appeals from a directed verdict in favor of the defendant, Citizens Bank of Prattville. We reverse.

The current suit, which is before this Court for the second time, was precipitated when the bank seized a truck which allegedly belonged to Mims. The facts are set out in our prior opinion, Mims v. Citizens Bank of Prattville, 355 So.2d 345 (Ala. 1975), in which we reversed a grant of summary judgment in favor of the bank. On remand Mims amended his complaint to eliminate a detinue action, since the bank had already sold the truck and retained the proceeds. The amended complaint contained…