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IN RE CURL v. PUTMAN

8 Div. 267.

237 So.2d 475 (1970)

In re L. D. CURL v. D. L. PUTMAN Ex parte L. D. CURL.

Supreme Court of Alabama.

July 2, 1970.

Attorney(s) appearing for the Case

Horace E. Garth, Huntsville, for petitioner.

Smith, Johnston & Walker, Huntsville, for respondent.

LAWSON, Justice.

L. D. Curl filed a detinue suit in statutory form against D. L. Putman.—§ 223.(27), Title 7, Code 1940. Putman filed a verified written motion to transfer the suit to equity.—§ 153, Title 13, Code 1940. Pursuant to said § 153, supra, Curl demurred to the motion to test its sufficiency and later, without waiving his demurrer, filed a contraverting affidavit. After a hearing...

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