Vestavia Country Club v. Armstrong

123 So.2d 130 (1960)

VESTAVIA COUNTRY CLUB

v.

Moses ARMSTRONG.

6 Div. 472.

Supreme Court of Alabama.

July 14, 1960.

Rehearing Denied September 15, 1960.

Wm. M. Acker, Jr., Smyer, White, Reid & Acker, Birmingham, for appellant.

Holt & Cooper, Birmingham, for appellee.

SIMPSON, Justice. The bill of complaint was originally filed in this case on October 22, 1957. It averred that respondent had filed an ejectment action against complainant on October 5, 1956; that the sheriff made a return showing execution of the summons and complaint on complainant on October 15, 1956; that on January 9, 1957,…