Foshee v. Foshee

LIVINGSTON, Chief Justice.

This is the second appeal in this case. See Foshee v. Foshee, 273 Ala. 539, 143 So.2d 301. There, this Court sustained the equity of the bill of complaint. The substance of the case made by the bill of complaint is there stated and we see no point in repeating the allegations here. After affirmance, the case was tried in the lower court on evidence taken ore tenus before the trial judge who decided the issues in favor of the complainants in the court below. This appeal followed.

On former appeal, this Court stated:

“Assuming, without deciding, that the jurisdiction of…