HAMMERMILL PAPER CO. v. MONTREAL BOYETTE SANDLIN DAY

SC 1370.

336 So.2d 166 (1976)

HAMMERMILL PAPER COMPANY, a Pennsylvania Corp. v. MONTREAL BOYETTE SANDLIN DAY et al.

Supreme Court of Alabama.

August 6, 1976.


Attorney(s) appearing for the Case

M. P. Ames and Reeves & Stewart, Selma, for appellant.

Speaks & Burnett, Clanton, for appellees.


EMBRY, Justice.

The issue in this case is whether the doctrine of res judicata, or estoppel by judgment, bars an action seeking to establish title to land by adverse possession where a previous action involved title to the same land.

We hold the action is not barred, therefore, reverse and remand.

On 15 July 1968, W. E. Belcher Lumber Company, a Corporation, filed suit, in equity, in the Circuit Court of Chilton County, case No. 4217. The action sought...

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