CHILDS v. MISSISSIPPI VAL. TITLE INS. CO.

77-139.

359 So.2d 1146 (1978)

Oliver D. CHILDS et al. v. MISSISSIPPI VALLEY TITLE INSURANCE COMPANY, a corporation.

Supreme Court of Alabama.

Rehearing Denied June 23, 1978.


Attorney(s) appearing for the Case

Joseph J. Boswell, Mobile, for appellants.

Jere Austill, Jr., of Austill, Austill & Austill, Mobile, for appellee.

Benjamen T. Rowe, Mobile, for Roland Perry and Dub Mitchell, amicus curiae.


EMBRY, Justice.

This is an appeal by Oliver D. and Mary Childs from a judgment dismissing their action, without prejudice, upon grant of Mississippi Valley's Rule 12(b)(6), ARCP, motion to dismiss.

The sole issue presented by this appeal is whether the complaint states a claim upon which relief can be granted. If under a provable set of facts upon a cognizable theory of law it does, then it should not have been dismissed. Jeannie's Grocery v. Baldwin County...

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