Deen v. Holderfield

LIVINGSTON, Chief Justice.

This is the second appeal in this case. See 269 Ala. 260, 112 So.2d 448. We there held that the trial court did not err in setting aside a judgment for $7500 for the plaintiff on defendant’s motion. The second trial resulted in a verdict for plaintiff for $7200 and the defendant’s motion for a new trial was overruled, hence this appeal.

Mary Ruth Holderfield, the appellee and plaintiff in the court below, is the wife of Frank H. Holderfield. Sometime prior to January, 1957, Frank Holderfield executed to Mrs. John Hightower a lease of an apartment for the use of his…