BALLENGER v. LIBERTY NATIONAL LIFE INSURANCE COMPANY

6 Div. 394.

123 So.2d 166 (1960)

G. E. BALLENGER v. LIBERTY NATIONAL LIFE INSURANCE COMPANY.

Supreme Court of Alabama.

Rehearing Denied September 15, 1960.


Attorney(s) appearing for the Case

Hare, Wynn & Newell and Sirote, Permutt, Friend & Friedman, Birmingham, and Walker & Walker, Opelika, for appellant.

Frank E. Spain, Frank M. Young, Ralph B. Tate, Ira L. Burleson and Spain, Gillon & Young, Birmingham, for appellee.


SIMPSON, Justice. This is an action by appellant against appellee for the conversion by appellee of appellant's share of stock in appellee corporation. The complaint also contains a count in assumpsit and two counts declaring upon Title 7, § 42, Code of Alabama of 1940, relying upon discovery of fraud within one year prior to the filing of the complaint.

This is the second appeal in this case. On the first appellee sought to transfer the case to equity on the...

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