STAKELY, Justice.
On May 20, 1959, the St. Clair Circuit Court, in Equity, rendered a final decree in favor of Evie Alverson et al., against Lewis C. Smith. On June 29, 1959, Lewis C. Smith, the appellant here, took an appeal from the aforesaid decree. The transcript was not filed by the appellant in the Supreme Court of Alabama until September 29, 1959. On the 12th day of November, 1959, the appellees filed with this court their motion to strike the transcript and...
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