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SMITH v. CLEMENTS

1 Div. 14.

231 So.2d 759 (1970)

Charles E. SMITH and Winston Earl Smith as Co-executors Under the Last Will and Testament of John E. Smith, Deceased v. Catherine CLEMENTS.

Court of Civil Appeals of Alabama.

February 11, 1970.

Attorney(s) appearing for the Case

J. Connor Owens, Jr., Bay Minette, for appellants.

Kenneth Cooper, Bay Minette, for appellee.

WRIGHT, Judge.

This matter arose out of a suit in detinue filed by the co-executors of the estate of John D. Smith against appellee, Catherine Clements. Prior, or during trial by jury, all items of property originally included in the suit were struck by plaintiffs, except a 1966 Plymouth Station Wagon. Defendant executed a replevin bond and kept possession of the vehicle. Demurrer was filed. No ruling appears of record. An instrument headed "ANSWER" was filed by defendant...

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