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JACOBY v. BELL

78-20.

370 So.2d 278 (1979)

Samuel Myer JACOBY, etc. v. E. P. BELL, et al.

Supreme Court of Alabama.

April 27, 1979.

Attorney(s) appearing for the Case

Taylor D. Wilkins, Jr., of Wilkins & Bankester, Bay Minette, for appellant.

James R. Owen, of Owen, Ball & Wills, Bay Minette, for appellee, E. P. Bell.

Michael J. Salmon, Gulf Shores, for appellee, First Southern Federal Savings and Loan Assn. of Mobile.

BEATTY, Justice.

This was an action to set aside a 1971 deed on the ground of forgery. The lower court entered an order 1) dismissing the complaint and 2) dismissing the counterclaim and cross-claim as moot. We reverse and remand.

Samuel Myer Jacoby, by and through his mother and next friend, Mary F. Jacoby, brought this action to set aside an allegedly forged deed. The warranty deed, purportedly executed in 1971 by his parents, Sam and Mary F. Jacoby, and...

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