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MORRIS v. MERCHANTS NATIONAL BANK OF MOBILE

1 Div. 754.

103 So.2d 310 (1958)

James MORRIS et al. v. The MERCHANTS NATIONAL BANK OF MOBILE, as Trustee, et al.

Supreme Court of Alabama.

Rehearing Denied June 12, 1958.

Attorney(s) appearing for the Case

C. Le Noir Thompson and Beebe & Swearingen, Bay Minette, for appellants.

J. B. Blackburn, Bay Minette, and McCorvey, Turner, Johnstone, Adams & May, Mobile for appellees.

MERRILL, Justice.

This cause has been before us twice. It is an ejectment suit and the first trial resulted in a jury verdict for defendants. We reversed on the ground that defendants in that suit were permitted to attack collaterally a decree in equity in 1927 involving the same lands. 252 Ala. 566, 42 So.2d 240.

The cause was again here on petition for writ of mandamus to vacate an order transferring the cause to the jury...

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