Harden v. Wood Lumber Co.

FOSTER, Justice.

This is the third appeal in this case. Wood Lumber Co. v. Greathouse, 230 Ala. 362, 161 So. 236; Id., 226 Ala. 644, 148 So. 125.

The record on this appeal is abridged, and, as counsel argue in brief, the purpose is to have certain contentions in respect to section 8834, Code; cleared, and see if the former opinions on this appeal do not collide with the interpretation heretofore given section 8833, Code.

There was no testimony offered on this appeal, but the facts were agreed.

Demurrer had been sustained to the cross-bill and it was dismissed, and that decree is not here assigned…