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BRADLEY & McWHIRTER, INC. v. CONKLAN

1 Div. 106.

178 So.2d 551 (1965)

BRADLEY & McWHIRTER, INC., v. Irvin L. CONKLAN et al.

Supreme Court of Alabama.

Rehearing Denied September 30, 1965.

Attorney(s) appearing for the Case

Wm. R. Favre, Jr., of Tonsmeire & McFadden, Mobile, for appellant.

Abram L. Philips, Jr., of Pillans, Reams, Tappan, Wood & Roberts, Mobile, for appellees.

LAWSON, Justice.

This is an action by Irvin L. Conklan and wife against Bradley & McWhirter, Inc., a corporation, for damages for the overflow of plaintiffs' land.

The complaint contains only one count. After the demurrer interposed thereto was overruled, the defendant pleaded the general issue, the statute of limitations of one year, and two other pleas with which we are not presently concerned. Demurrer was overruled as to the pleas of the general issue...

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