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270 Ala. 191

Wooten v. Wooten

Supreme Court of Alabama

Decided October 8, 1959

Supreme Court of Alabama · decided 1959-10-08

Cited by 10 later decisions — most recently August 1970

10 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1959-10-08

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¶1On Rehearing

SIMPSON, Justice.

¶2Appellant argues on rehearing that the bill has equity as one to enforce a lien on farm machinery, based upon Code, Tit. 31, § 15, creating such lien, and Tit. 33, § 1, which provides for enforcement of liens in equity. But there are no allegations sufficient to show the existence of the lien. Whether it exists or not would depend upon facts developed on a discovery. If the bill has no equity as one for a discovery in general, it would have no equity as one for discovery to establish a lien.

¶3Application for rehearing overruled.

LAWSON, GOODWYN and MERRILL, JJ., concur.
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