Sanford v. Western Life Ins. Co.

This is an appeal by Donald E. Sanford, as Executor of the Estate of Ann Simerly Stair, his mother. He claims error in two of the trial court's rulings: 1) The striking of a fraud count because ". . . the cause of action did not survive the death of Ann Simerly Stair, pursuant to § 6-5-462 of the 1975 Code of Alabama," and 2) the striking of his demand for damages for mental anguish and physical suffering in the contract count. We affirm both rulings by the trial court.

Relevant portions of Sanford's complaint are as follows:

"COMPLAINT

"This is a civil action to recover actual and special…