G. E. Ballenger v. Liberty National Life

SIMPSON, Justice. This is an action by appellant against appellee for the conversion by appellee of appellant's share of stock
in appellee corporation. The complaint also contains a count in assumpsit and two counts declaring upon Title 7, §
42, Code of Alabama of 1940, relying upon discovery of fraud within one year prior to the filing of the complaint. This is the second appeal in this case. On the first appellee sought to transfer the case to equity on the contention that
it could not take advantage of certain equitable defenses on the law side. This court reversed the trial court (266 Ala. 407,
96 So.2d 728), holding that all available defenses were pleadable at law.