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BUSKEN v. AmSOUTH BANK, N.A.

85-1207.

504 So.2d 231 (1987)

Joseph C. BUSKEN, Jr., individually, and as Executor of the Estate of Ernestine P. Vaughan, deceased v. AmSOUTH BANK, N.A.

Supreme Court of Alabama.

Rehearing Denied March 20, 1987.

Attorney(s) appearing for the Case

William H. Atkinson of Fite, Davis, Atkinson and Bentley, Hamilton, for appellant.

H. Thomas Wells, Jr., and Maibeth J. Porter of Maynard, Cooper, Frierson & Gale, Birmingham, for appellee.

TORBERT, Chief Justice.

This is a quiet title action concerning the mineral interest in certain lands in Marion County. All evidence was submitted by stipulation. Both plaintiff AmSouth Bank and defendant Joseph C. Busken, Jr., as executor of the estate of Ernestine P. Vaughan, sought to quiet title to this mineral interest. The trial court held for AmSouth and quieted title in the bank. Busken's motion for new trial was overruled by operation of law, Rule 59.1, Ala...

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