W.T. SMITH LUMBER CO. v. FOSHEE

4 Div. 313.

243 So.2d 361 (1970)

W. T. SMITH LUMBER CO., a Corp., et al. v. Horace FOSHEE et al.

Supreme Court of Alabama.

Rehearing Denied February 4, 1971.


Attorney(s) appearing for the Case

Thomas S. Lawson, Jr., Montgomery, for appellants, Steiner, Crum & Baker, Montgomery, Turner & King, Luverne, of counsel.

James M. Prestwood, Andalusia, for appellees.


COLEMAN, Justice.

This is the second appeal in this cause. See W. T. Smith Lumber Co. v. Foshee, 277 Ala. 71, 167 So.2d 154.

The suit is in equity to cancel a deed executed in March, 1945, by Ella Lavon Foshee, a widow, whereby, for Five Thousand Dollars, she conveyed two hundred acres of timber land to respondent, W. T. Smith Lumber Co., a Corporation, sometimes herein referred to as Smith.

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