Mutual Sav. Life Ins. Co. v. Osborne

CARR, Judge.

We find in the record in this case appellee’s motion for an affirmance of the judgment of the lower court, in which we are requested to apply Supreme Court Rule Number 18, Code 1940, Tit. 7, Appendix. There is no merit in this motion, and it is denied.

This is the third appeal of this case. Mutual Savings Life Insurance Co. v. Osborne, 30 Ala.App. 399, 7 So.2d 314; Mutual Savings Life Insurance Co. v. Osborne, 245 Ala. 15, 15 So.2d 713.

The facts are set out in the former opinions, with particular reference to the second appeal where Justice Thomas, for the Supreme Court, states the…