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THOMAS v. WHITAKER

No. 1970.

145 So.2d 522 (1962)

Frances F. THOMAS and Edwin Thomas, Her Husband, Appellants, v. Thomas Powell WHITAKER and Robert Dallas Whitaker, As Executors of the Last Will and Testament of Tom Whitaker, Deceased; Duval M. Smith and May P. Smith, His Wife, Appellees.

District Court of Appeal of Florida. Second District.

Rehearing Denied October 22, 1962.

Attorney(s) appearing for the Case

Mann, Harrison, Mann & Rowe, St. Petersburg, R. Andrew Duncan, J.W.B. Shaw, V.R. Fisher, Tampa, for appellants.

Hall, Hartwell & Douglass, Tallahassee, for appellees.

PER CURIAM.

This is a companion appeal to that of Lopez v. Smith, 145 So.2d 509. Substantially similar to the issues of fact and law in the Lopez case are those here presented; the cases were consolidated below for trial, with separate decrees entered, and were consolidated in this court for purposes of oral argument.

In the Lopez case, however, the appellants had been plaintiffs in that quiet title action and had appealed...

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