MARTIN v. MARTIN

2 Div. 385.

104 So.2d 302 (1958)

Willie Gay MARTIN v. Richard MARTIN, as Executor, etc.

Supreme Court of Alabama.

Rehearing Denied June 5, 1958.

Further Rehearing Denied June 19, 1958.


Attorney(s) appearing for the Case

Withers & Kerr and S. W. H. Williams, Jr., Greensboro, for appellant.

O. S. Burke and G. E. Sledge, Greensboro, for appellee.


MERRILL, Justice.

This cause is here on appeal from a decree overruling appellant's demurrer to appellee's amended bill, and on petition for a writ of mandamus seeking to have vacated an order holding insufficient a special plea of res judicata to the bill as amended.

Appellee filed his bill for a final settlement of the estate of M. T. Martin, deceased, of which appellee is executor. The bill also sought to charge appellant, the widow of the decedent and...

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