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VALENZUELA v. SELLERS

1 Div. 335.

43 So.2d 121 (1949)

VALENZUELA et al. v. SELLERS.

Supreme Court of Alabama.

Rehearing Granted October 27, 1949.

Further Rehearing Denied December 8, 1949.

Attorney(s) appearing for the Case

Frank S. Coffin and Richard H. Coffin, Mobile, Richard L. Rives and John C. Godbold, Montgomery, for appellants.

Vickers, Leigh & Thornton, Mobile, for appellee.

SIMPSON, Justice.

The decree pro confesso on which rested the final decree from which this appeal has proceeded was entered the thirtieth day after the rendition by this court of a decree overruling the demurrer to the bill of complaint, that appeal having issued from a decree in the circuit court sustaining the demurrer to the bill. That appeal is reported as Sellers v. Valenzuela, 249 Ala. 627, 32 So.2d 517.

The primary contention for error now is that the...

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