GILBREATH v. GILBREATH

6 Div. 867.

177 So.2d 915 (1965)

James C. GILBREATH v. Alvin L. GILBREATH, a Non Compos Mentis, etc.

Supreme Court of Alabama.

Rehearing Denied September 2, 1965.


Attorney(s) appearing for the Case

Dempsey Pennington, Birmingham, for appellant.

Rogers, Howard, Redden & Mills, Birmingham, for appellee.


LIVINGSTON, Chief Justice.

This is an appeal from a final decree of the Circuit Court of the Tenth Judicial Circuit of Alabama, in Equity, setting aside a warranty deed conveying certain described real estate executed on May 29, 1959. On that date, Alvin L. Gilbreath conveyed to himself and James C. Gilbreath, his nephew, jointly with the right of survivorship, certain real estate which is the subject matter of this suit.

On May 24, 1961, on a petition filed...

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