BEATTY, Justice.
The plaintiff appeals from a judgment for the defendants arising out of an action in the nature of an action of ejectment and Title 7, § 959, Alabama Code (Recomp.1958) (now Code of Ala. 1975, § 6-6-298). We reverse and remand.
An earlier opinion, Mid-State Homes, Inc. v. Brown, 294 Ala. 242,
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