DUNCAN v. JOHNSON

SC 1059.

338 So.2d 1243 (1976)

S. C. DUNCAN et al. v. Donald Richard JOHNSON et al.

Supreme Court of Alabama.

Rehearing Denied October 29, 1976.


Attorney(s) appearing for the Case

Stanford J. Skinner, Birmingham, for appellant Estelle W. Morgan.

Wallace, Ellis, Head & Fowler, Columbiana, for appellants S. C. Duncan, Woodrow Thomas and Paul Gilliam, Jr.

W. H. Collier, Jr., Birmingham, for appellees Donald Richard Johnson and James Milton Johnson.


LEIGH M. CLARK, Special Chief Justice.*

This is an appeal by the respondents from a decree in equity, rendered after July 3, 1973, the effective date of the Alabama Rules of Civil Procedure, in a case commenced and partly tried before said date. It was agreed by the parties and ordered by the court that the rules of procedure of equity cases prior to July 3, 1973, should govern the entire proceedings in the trial court.

According...

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