SPENCE v. FRAZIER

7 Div. 789.

220 So.2d 269 (1969)

C. W. SPENCE et al., Executors v. W. P. FRAZIER.

Supreme Court of Alabama.

March 6, 1969.


Attorney(s) appearing for the Case

Starnes & Holladay, Pell City, for appellants.

Embry & Robinson, Pell City, and Fred Blanton, Birmingham, for appellee.


SIMPSON, Justice.

The Appellee in this case has filed a motion to dismiss the appeal based upon the following:

The final decree in this case was rendered on December 12, 1966. A motion for rehearing was filed within thirty days and was timely continued until June 10, 1967, when a decree was entered overruling the motion for rehearing. This decree will not support an appeal. Equity Rule 62; Money v. Galloway, et al., 236 Ala. 55, 181 So. 252; Scott v. Scott...

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