Reversed and remanded.
PRESIDING JUSTICE SCOTT delivered the opinion of the court:
This appeal stems from an action in a partition suit brought by the plaintiffs, Loren F. Judd, Verne Lee Judd and R. Kendall Judd, Jr., against the circuit clerk of Marshall County. The plaintiffs sought to recover from the clerk, certain funds and interest earned thereon. The funds represented 2% of the proceeds derived from the sale of realty in a partition suit. The total...
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