Judges: PER CURIAM.
Attorneys: Thomas Sale, of Panama City, L.F. Gerald, of Clanton, Ala., and James N. Daniel, of Chipley, for appellants.
Mercer P. Spear, of Panama City, and Paul Carter, of Marianna, and William Fisher, of Pensacola, for appellee.
Filed: Oct. 08, 1948
Latest Update: Mar. 02, 2020
Summary: Suit by W.J. Boothby and others against Gulf Properties of Alabama, Inc., for injunction. From a final decree dismissing the bill, plaintiffs appeal. Reversed with directions. The appellants, as plaintiffs, brought their suit seeking a permanent injunction against the appellee, enjoining the sale of the area hereinafter referred to as "Beach Reserved." Upon bill, answer and testimony the chancellor decreed the equities to be with the defendant and dismissed the bill. Thereupon the plaintiffs app
Summary: Suit by W.J. Boothby and others against Gulf Properties of Alabama, Inc., for injunction. From a final decree dismissing the bill, plaintiffs appeal. Reversed with directions. The appellants, as plaintiffs, brought their suit seeking a permanent injunction against the appellee, enjoining the sale of the area hereinafter referred to as "Beach Reserved." Upon bill, answer and testimony the chancellor decreed the equities to be with the defendant and dismissed the bill. Thereupon the plaintiffs appe..
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On Rehearing.
We adhere to the decision as previously announced.
CHAPMAN, THOMAS, BARNS, and HOBSON, JJ., concur.
ADAMS, C.J., and TERRELL, J., dissent.
SEBRING, J., not participating.
