Opinion
6 Div. 960.
October 26, 1950. Rehearing Denied December 14, 1950.
Appeal from Circuit Court, Jefferson County; E. M. Creel, Judge.
Wm. S. Pritchard, Victor H. Smith and Pritchard McCall, all of Birmingham, for appellant.
Lange, Simpson, Robinson Somerville and Jas. A. Simpson and Ormond Somerville, all of Birmingham, for appellee.
The law and the facts of this case being the same as those presented in the cases of Hugh M. Marks v. John Scott Marks and Hugh M. Marks v. Sam B. Marks, they have been consolidated. The decree of the lower court is therefore affirmed on authority of Marks v. Marks, ante, p. 612, 49 So.2d 166.
Affirmed.
All the Justices concur, except GARDNER, C. J., and LAWSON, J., not sitting.