State ex rel. Atty. Gen. v. Ward

133 So. 2d 383, 272 Ala. 646, 1961 Ala. LEXIS 518

• Court: Supreme Court of Alabama
• Decided: September 28, 1961
• Docket: 6 Div. 619
• Status: Published

Opinions

PER CURIAM.

The majority of the court concur in that part of the opinion of Justice Goodwyn, appearing below, holding that the injunction suit was not a suit pending “to enforce or test the validity” of the title. However, they do not concur in that part dealing with the question whether the principle of estoppel is applicable to the State, and express their view on that question as follows:

Assuming, without deciding, that the principle of estoppel is applicable to the State, we are nevertheless of the opinion that the facts and circumstances of this case are not sufficient to justify application of said principle. Accordingly, the decree appealed from is due to be reversed and the cause remanded.

Reversed and remanded.

LIVINGSTON, C. J., and LAWSON, STAKELY and MERRILL, JJ., concur. SIMPSON and GOODWYN, JJ., dissent.