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PENN MUT. LIFE INS. CO. OF PHILADELPHIA v. MALLORY

7 Div. 32.

50 So.2d 740 (1951)

PENN MUT. LIFE INS. CO. OF PHILADELPHIA v. MALLORY.

Supreme Court of Alabama.

Rehearing Denied March 1, 1951.

Attorney(s) appearing for the Case

Benners, Burr, Stokely & McKamy and Samuel H. Burr, all of Birmingham, for appellant.

Knox, Jones, Woolf & Merrill, of Anniston, for appellee.

BROWN, Justice.

The bill in this case was filed by the appellee (the insured) against the insurer (appellant) under the declaratory judgment act. Code 1940, Tit. 7, § 156 et seq. The bill alleges that on July 18, 1927, by policy contract No. 1289792, for a valuable consideration towit the payment of an annual premium of $216.40 the respondent insured the life of complainant against his death in the sum of $10,000, which at the filing of the bill was in full force...

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