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CLARK v. McWATERS

4 Div. 377.

243 So.2d 670 (1970)

Tishie CLARK v. Leon McWATERS.

Supreme Court of Alabama.

Rehearing Denied February 4, 1971.

Attorney(s) appearing for the Case

J. Fletcher Jones, Andalusia, for appellant.

W. H. Baldwin, Andalusia, for appellee.

SIMPSON, Justice.

The appellee filed a statutory suit in ejectment on the law side of the court, seeking to gain possession of a certain lot in Opp, Alabama. The appellant filed a motion to transfer the case to the equity side, claiming a dower interest in the property as the widow of J. H. Clark, deceased. The following is undisputed:

J. H. Clark bought the property involved in 1952. In 1954 he executed a mortgage on the property to the First National Bank...

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