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MacMILLAN BLOEDELL, INC. v. EZELL

83-392.

475 So.2d 493 (1985)

MacMILLAN BLOEDELL, INC. v. Earlie EZELL, Bennie Elmore Spears, Ada Mae Spears Bolden, and C.J. Spears.

Supreme Court of Alabama.

Rehearing Denied August 23, 1985.

Attorney(s) appearing for the Case

N. Lee Cooper of Maynard, Cooper, Frierson & Gale, and James L. Goyer III of Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, Marcus McConnell, Jr. and William C. Brewer, III, Livingston, and Donald P. Scurlock, III, Butler, for appellant.

William L. Utsey of Utsey & Charistopher, Butler, for appellees.

SHORES, Justice.

On July 26, 1978, MacMillan Bloedel, Inc. (MacMillan), purchased forty acres of land located in Choctaw County from C.B. Hightower III and his wife Brenda Hightower. On May 28, 1980, MacMillan filed an action in the Circuit Court of Choctaw County to quiet title, naming Azariah Spears as a defendant, after it had learned that he was in possession of and claiming to own that land.1 Spears counterclaimed for damages in trespass...

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