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FIRST NATIONAL BANK OF BIRMINGHAM v. LOWERY

6 Div. 485, 486.

81 So.2d 284 (1955)

The FIRST NATIONAL BANK OF BIRMINGHAM v. Lillian Mason LOWERY. The FIRST NATIONAL BANK OF BIRMINGHAM v. E. A. LOWERY.

Supreme Court of Alabama.

Rehearing Denied June 23, 1955.

Attorney(s) appearing for the Case

Marvin Williams, Jr., Davis & Williams, Birmingham, for appellant.

Hare, Parsons, Wynn & Newell, W. L. Longshore, Birmingham, for appellees.

LIVINGSTON, Chief Justice.

The two cases before us were consolidated for trial in the circuit court and will here be treated together on appeal.

Each case was tried upon a simple negligence count. The cases were tried on plaintiffs' amended complaints. The amended complaints in each instance allege that on May 27, 1950, defendant, appellant, was the proprietor or owner of the premises in Leeds, Alabama, known as the First National Bank of Birmingham, Leeds...

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