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LOWRY v. MAGNOLIA DEVELOPMENT COMPANY

4 Div. 76.

134 So.2d 760 (1961)

W. D. LOWRY, Jr. v. MAGNOLIA DEVELOPMENT COMPANY et al.

Supreme Court of Alabama.

November 16, 1961.

Attorney(s) appearing for the Case

Hill, Robison & Belser, Montgomery, for appellant.

Turner & Kettler, Luverne, for appellee Loeb.

MERRILL, Justice.

This appeal by W. D. Lowry, Jr., is from a final decree which apportioned certain funds, paid into court by Magnolia Development Company, between Lowry and H. B. Loeb, Jr. We shall hereafter refer to Magnolia Development Company as Magnolia. Appellant Lowry lives in Montgomery County; appellee Loeb resides in Escambia County.

In 1949, Lowry and Loeb jointly owned certain lands in Crenshaw County. In 1950, they executed a note for $600, with...

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