BRACKIN v. PORTER

6 Div. 525.

120 So.2d 693 (1960)

Nelson L. BRACKIN v. Henry J. PORTER, Jr.

Supreme Court of Alabama.

Rehearing Denied June 2, 1960.


Attorney(s) appearing for the Case

Edwin D. Ledford and Emond & Emond, Birmingham, for appellant.

Cabaniss & Johnston, Leigh M. Clark and L. Murray Alley, Birmingham, for appellee.


MERRILL, Justice.

Appeal from a decree overruling demurrer to the bill of complaint.

After introducing the parties and showing that complainant is the owner of certain described property, which he and his family occupy as their home, the bill provides:

"Respondent Nelson L. Brackin owns property adjoining the above described property on the west; that during, to-wit, the month of July, 1955, the respondent commenced the construction of a residence...

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