Herpin v. Nelson

SIMPSON, Justice.

This is an appeal from a decree of the Circuit Court, in Equity, of Mobile County in a declaratory judgment proceeding wherein the appellants (complainants below) were found to be indebted to the appellee (respondent below) for the rent of a certain piece of property in Mobile, Alabama, leased to appellants by appellee.

Appellants filed the bill to construe the lease and determine their liability thereunder and demanded a jury to determine the disputed issues of fact. Code 1940, Title 7, § 164. Zayatz v. Southern Railway Co., 248 Ala. 137, 26 So.2d 545, 167 A.L.R. 426.

Appellee…