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FOUNTAIN v. PHILLIPS

82-527.

439 So.2d 59 (1983)

J.F. FOUNTAIN and Frank Fountain v. Gilmer P. PHILLIPS, et al.

Supreme Court of Alabama.

September 23, 1983.

Attorney(s) appearing for the Case

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

George Hawkins and Roger C. Suttle, Gadsden, for appellees.

JONES, Justice.

Plaintiffs/Appellees Gilmer P. Phillips and Inez B. Phillips initiated this cause on March 8, 1973, against Defendants/Appellants Frank Fountain and his father, J.F. Fountain, seeking to quiet title to approximately 1,377 acres of realty situated in Etowah and St. Clair Counties. Defendants answered and counterclaimed, alleging that they held interests in the real estate through certain instruments, particularly a lease/option to purchase agreement...

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