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BRITTAIN v. BENEFIELD

5 Div. 622.

81 So.2d 667 (1955)

H. M. BRITTAIN v. Stell BENEFIELD, Probate Judge, et al.

Supreme Court of Alabama.

July 14, 1955.

Attorney(s) appearing for the Case

H. M. Brittain, Wedowee, pro se.

Paul J. Hooton, Roanoke, for appellees.

Lawrence Dumas, Jr., Dumas, O'Neal & Hayes, Birmingham, amici curiae.

STAKELY, Justice.

In the early part of 1950 more than two hundred qualified electors and freeholders of Randolph County addressed a petition to the Court of County Commissioners of Randolph County as is provided in § 246, Title 52, Code of 1940 and in § 254, Title 52, Code of 1940 and the Third Amendment of the Alabama State Constitution. The petition first requested the Court of County Commissioners to order an election to be held on May 2, 1950, to determine...

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