GUNTER v. SMITH

6 Div. 407.

60 So.2d 611 (1952)

GUNTER v. SMITH.

Supreme Court of Alabama.

Petition for Rehearing Withdrawn October 9, 1952.


Attorney(s) appearing for the Case

Phil Joiner, Birmingham, for appellant.

S. P. Keith, Jr., Birmingham, for appellee.


FOSTER, Justice.

This is an appeal from the final decree of the circuit court, in equity, in which complainant was denied relief on a statutory bill in personam to quiet the title to vacant lots. The sufficiency of the bill on demurrer is not here involved. The final decree was on pleadings and proof taken by deposition.

The substituted bill, on which the case was tried, is primarily based upon section 1109, Title 7, Code, but seeks additional relief,

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