PAYNE v. CARVER

87-78.

534 So.2d 566 (1988)

Ferris PAYNE and Lora D. Payne v. Marjorie Payne CARVER.

Supreme Court of Alabama.

On Return to Remand September 30, 1988.


Attorney(s) appearing for the Case

William H. Mills of Redden, Mills & Clark, Birmingham, for appellants.

Bryant A. Whitmire, Jr., Birmingham, for appellee.


JONES, Justice.

Because we remand this cause to the trial court for clarification of its order and judgment, we set out only those facts necessary to our order.

The plaintiffs, Ferris Payne and Lora D. Payne, filed a declaratory judgment action to quiet title to 40 acres of land alleged by the plaintiffs to have been deeded to Ferris by his father and mother. The trial court, sitting without a jury, held that there had not been a legally effective delivery...

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