FAULKNER, Justice.
Ellie Mae Lavett Carr filed a complaint against her son, Claude Lavett, to cancel a deed and recover a ten acre tract of land located in Fultondale, Alabama. Mrs. Carr died a few months later. The executor of her estate, William A. Lavett, was substituted as plaintiff in the action. Claude Lavett filed suit against the heirs and devisees of Mrs. Carr to quiet title to the ten acre tract of land. The two actions were consolidated for trial.
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