ROGERS v. SMITH

4 Div. 386.

248 So.2d 713 (1971)

Henry ROGERS v. Alfred SMITH et al.

Supreme Court of Alabama.

May 27, 1971.


Attorney(s) appearing for the Case

W. H. Albritton, J. Fletcher Jones, Andalusia, for appellant.

James M. Prestwood, Andalusia, for appellees.


HEFLIN, Chief Justice.

The question involved in this appeal is the following: Where a deed reformation suit has a jurisdictional defect due to the absence of necessary parties, can this defect be first raised in an appeal from a final decree involving a bill in the nature of a bill of review which seeks to review the final decree in said deed reformation suit on other grounds? This Court says yes.

This is an appeal from a final decree of the Circuit Court...

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