BURGIN v. PHILLIPS

6 Div. 533.

128 So.2d 491 (1961)

T. M. BURGIN v. Tes A. PHILLIPS et al.

Supreme Court of Alabama.

March 30, 1961.


Attorney(s) appearing for the Case

James & Beavers, Birmingham, for appellant.

Leader, Tenenbaum, Perrine & Swedlaw, Birmingham, for appellees.


STAKELY, Justice.

This is an appeal from a final decree of the Equity Division of the Circuit Court of the Tenth Judicial Circuit of Alabama. T. M. Burgin is the appellant and Tes A. Phillips and others are the appellees.

The case originated as an in personam bill to quiet title, with an averment in the alternative that if the respondent has some interest in the land, the real estate could not be equitably divided among the tenants in common and that it is...

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