NOWELL v. PATE

4 Div. 873.

89 So.2d 170 (1956)

O. S. NOWELL v. Jack PATE.

Supreme Court of Alabama.

August 2, 1956.


Attorney(s) appearing for the Case

J. Hubert Farmer, Dothan, for appellant.

Alto V. Lee, III, and Huey D. McInish, Dothan, for appellee.


LIVINGSTON, Chief Justice.

This is an appeal from a judgment of the Houston Circuit Court, in Equity, sustaining respondent's demurrer to complainant's substitute bill of complaint. The purpose of the bill was to have a deed declared to be a mortgage. The bill further prayed for an accounting and that complainant be allowed to pay the amount of the indebtedness still due. In its judgment on the demurrer, the circuit court held that the bill is without equity and is...

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