North Birmingham Trust & Savings Bank v. Hearn

The action is by motion for summary judgment against the register of the circuit court in equity and the surety on his bond, under sections 5920-5922, Code of 1907. “These summary remedies are applicable only in the particular cases specified by the statutes, are not to be extended by construction, are grantable only in strict conformity to the statute, and the record must disclose every fact necessary to entitle the party to such remedy, and that it has been pursued according to the statute. 2 Brick. Dig. 464, §§ 1, 6; 3 Brick. Dig. 751; Warwick v. Brooks, 70 Ala. 412.” Chandler v. Francis…