SMITH v. SOUTHEASTERN REAL ESTATE CORPORATION

6 Div. 615.

139 So.2d 590 (1962)

Frank SMITH v. SOUTHEASTERN REAL ESTATE CORPORATION et al.

Supreme Court of Alabama.

March 29, 1962.


Attorney(s) appearing for the Case

W. S. Pritchard, Jr., Victor H. Smith and Pritchard, McCall & Jones, Birmingham, for appellant.

London, Yancey, Clark & Allen and Jas. E. Clark, Birmingham, for appellees.


SIMPSON, Justice.

This is an appeal from a decree granting a rehearing in a suit in equity, together with an alternative motion for mandamus.

Appellant (complainant) Frank Smith filed a bill of complaint in equity against Southeastern Real Estate Corporation and other parties, to enforce a mechanic's and materialman's lien. Appellees (respondents) filed answer denying any indebtedness due appellant. On the hearing on testimony given before the court, evidence...

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