Muscogee Construction Co. v. Peoples Bank & Trust Co.

238 So.2d 883 (1970)

MUSCOGEE CONSTRUCTION CO. et al.

v.

PEOPLES BANK AND TRUST CO.

3 Div. 450.

Supreme Court of Alabama.

July 16, 1970.

Rehearing Denied August 27, 1970.

Richard M. Jordan, Montgomery, for appellants.

George B. Azar, Montgomery, for appellee.

MADDOX, Justice.

Peoples Bank and Trust Co., appellee here, filed a declaratory judgment action in the Circuit Court of Montgomery County, In Equity, against appellants, Muscogee Construction Co. and W. G. Salter and his wife, Dorothy Kovacs Salter.

Complainant alleged that it had obtained a judgment in a suit on a note against Muscogee Construction…