Citizens & Southern Bank v. McDowell

Deen, Presiding Judge.

This is an action for malicious prosecution following the quashing of an indictment against the appellee charging him with presenting a false affidavit at a real estate closing. The appellant bank, which held an outstanding recorded lien on property of *70appellee for money loaned for the purpose of making repairs on the premises, called to the attention of the Houston County District Attorney’s Office that such lien in fact existed. Both a bank officer and an attorney/notary public submitted affidavits to the effect that appellee had, at the closing of a sale of the…