Lovett v. Uptain

Learned counsel for Mrs. Lovett contends on rehearing that this court's original opinion was erroneous and, out of deference to his sincerity and concern, we make the following brief observations:

1. Mrs. Lovett is correct when she states in her rehearing brief that Chandler v. Farmers and Merchants Bank,355 So.2d 726 (Ala.Civ.App. 1978), was decided pursuant to Title 5, § 128 (2a) of the Code of Alabama of 1940 (Recomp. 1958) instead of § 5-1-25 of the 1975 Code. However, insofar as pertinent provisions of each are concerned, both of those code sections contain so much compatable, common and…