Legal Opinion · Concurrence

Cole v. First Nat. Bank of Tuskaloosa

Supreme Court of Alabama

Decided February 28, 1986No. 84-1044Published

1Concurrence

Although it was not raised by the parties, there is a serious question presented in this case as to whether Cole has a claim for conversion against the bank, in light of the fact that the bank obtained the property by virtue of a court order. See, St.Regis Paper Co. v. Kerlin, 476 So.2d 64 (Ala. 1985); CitizensBank v. Mauldin, 476 So.2d 103 (Ala. 1985). However, because it has not been presented by the parties in this appeal, that issue is not ripe for decision.

2Cases cited2 opinions

  1. St. Regis Paper Co. v. KerlinSupreme Court of Alabama · 1985
  2. Citizens Bank v. MauldinSupreme Court of Alabama · 1985