Judges: PER CURIAM.
Attorneys: M. Lewis Hall, for Appellant;
Casey, Walton Spain, and T.D. Ellis, Jr., for Appellees.
Filed: Aug. 01, 1938
Latest Update: Mar. 02, 2020
Summary: This is an appeal from an amended order dismissing the first amended bill of complaint and each prior bill of complaint, at the cost of plaintiff, and vacating the notice of lis pendens. A.A. Godard, on May 20, 1931, filed his creditors' bill against Peyton C. Crenshaw, Shoal Creek Coal Co., James B. Westcott, and Mary H. Westcott, his wife, Petroleum Holding Corporation, Home Seekers Realty Co. and Hollywood Land Water Co., seeking to have certain conveyances, a mortgage and the assignment ther
Summary: This is an appeal from an amended order dismissing the first amended bill of complaint and each prior bill of complaint, at the cost of plaintiff, and vacating the notice of lis pendens. A.A. Godard, on May 20, 1931, filed his creditors' bill against Peyton C. Crenshaw, Shoal Creek Coal Co., James B. Westcott, and Mary H. Westcott, his wife, Petroleum Holding Corporation, Home Seekers Realty Co. and Hollywood Land Water Co., seeking to have certain conveyances, a mortgage and the assignment there..
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On petition for rehearing, the judgment of this Court affirming the amended order dismissing the several bills of complaint, is modified so as to be affirmed without prejudice to the plaintiff below to present and the circuit court to entertain a motion to amend, if timely presented and if in conformity with the views expressed in the Supreme Court's Opinion herein expressed.
Petition for rehearing denied.
ELLIS, C.J., WHITFIELD, TERRELL, BROWN, BUFORD and CHAPMAN, J.J., concur.
