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CLARK v. SANDERS

4 Div. 965.

103 So.2d 370 (1958)

Mrs. Tishie CLARK v. Lucille SANDERS, alias Clark.

Supreme Court of Alabama.

August 28, 1958.

Attorney(s) appearing for the Case

W. H. Baldwin and Tipler & Fuller, Andalusia, for appellant.

Joe C. Cassady and Joe S. Pittman, Enterprise, for appellee.

LAWSON, Justice.

This is a suit for declaratory judgment filed in the circuit court of Covington County, in equity, by Mrs. Tishie Clark against Lucille Sanders, alias Lucille S. Clark, and J. Howard Clark.

J. Howard Clark died after the suit was filed but before service of any process and the cause was amended by striking him as a party respondent.

The trial court upheld the legal sufficiency of the amended plea in abatement filed by the respondent...

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