MILLS v. DAVIS

89-1447.

577 So.2d 436 (1991)

Mary MILLS, individually and as Guardian for Bertha Davis, non compos mentis v. Al DAVIS and Frances A. Smith.

Supreme Court of Alabama.

Rehearing Denied March 15, 1991.


Attorney(s) appearing for the Case

Charles J. Kettler, Jr. of Kettler & Kettler, Luverne, for appellant.

Joseph E. Faulk, Troy, for appellees.


MADDOX, Justice.

This is an appeal from a trial court's order holding that a judgment entered in a prior action, which had determined that a peanut allotment was personal property, was a final judgment in the case and, therefore, would support the issuance of a garnishment.

The facts are as follows:

On February 25, 1988, Frances A. Smith, d/b/a J. Bryce Smith Oil Company, a creditor of the estate of C.C. Davis, moved the Circuit Court of Crenshaw County...

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