COOPER v. COOPER

80-733.

418 So.2d 877 (1982)

James W. COOPER, Jr. v. Dorothy Virginia COOPER, Executrix of the Estate of James W. Cooper, Sr.

Supreme Court of Alabama.

August 27, 1982.


Attorney(s) appearing for the Case

John S. Somerset and John W. Sudderth, Birmingham, for appellant.

Frank M. Bainbridge of Bainbridge & Mims, Birmingham, for appellee.


ALMON, Justice.

The appellant brought this action to establish an equitable mortgage on certain land owned by the estate of his deceased father, James W. Cooper, Sr. The circuit court granted summary judgment in favor of the estate.

The answer to the complaint and motion for summary judgment set forth the defense of res judicata, estoppel, laches and the ten-year statute of limitations.

The defense of res judicata is based upon a prior suit filed by...

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