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PENNEY v. SPEAKE

8 Div. 563.

54 So.2d 709 (1951)

PENNEY et al. v. SPEAKE.

Supreme Court of Alabama.

October 18, 1951.

Attorney(s) appearing for the Case

Eyster & Eyster, Decatur, for appellants.

Julian Harris and Norman W. Harris, Decatur, for appellee.

LAWSON, Justice.

Plaintiff below, H. R. Speake, on October 14, 1946, filed his suit in the circuit court of Morgan County against J. E. Penney and Kate M. Penney, claiming the sum of $1,500 with interest, which he alleged to be due him as a result of his effort to sell certain real estate situate in Decatur, Morgan County, which belonged to the defendants.

Summons was issued by the clerk of the court on the day suit was filed, but service was never had on...

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