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CASON v. CLARK

Civ. 4723.

473 So.2d 536 (1985)

James CASON and wife, Margie Cason v. Opal CLARK.

Court of Civil Appeals of Alabama.

June 5, 1985.

Attorney(s) appearing for the Case

Robert A. Sapp, Sr. of Sapp, Sapp & Sapp, Cullman, for appellants.

No brief for appellee.

ROBERT M. PARKER, Retired Circuit Judge.

Plaintiffs appeal from order of dismissal of their complaint under Rule 12(b)(6), A.R. Civ.P.

The complaint, a statutory action in the nature of ejectment, § 6-6-280, Code of Alabama 1975, is identical to Form number 32, Title 7, § 223, Code of Alabama 1940 (Recomp.1958). The defendant in her motion to dismiss stated: "There is no allegation that plaintiff, as of the present time, has any legal right to claim...

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