FOUNTAIN v. PHILLIPS

80-227.

404 So.2d 614 (1981)

J. F. FOUNTAIN and Frank Fountain v. G. P. PHILLIPS and Inez B. Phillips.

Supreme Court of Alabama.

September 18, 1981.


Attorney(s) appearing for the Case

Michael L. Roberts of Floyd, Keener & Cusimano, Gadsden, for appellants.

Roger C. Suttle of Inzer, Suttle, Swann & Stivender, Gadsden, for appellees.


TORBERT, Chief Justice.

This appeal is from a summary judgment granted in favor of the plaintiffs in an action to quiet title to certain "Row Crop Land." For the reasons set out below, we reverse.

The suit was filed in 1973 by Gilmer P. Phillips, now deceased, and his wife, Inez B. Phillips, against Frank Fountain and his father, J. F. Fountain, seeking to quiet title in certain real estate in Etowah and St. Clair Counties. The defendants' answers and counterclaims...

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