Costell v. First National Bank of Mobile

MERRILL, Justice.

This appeal is from a final decree granting relief to complainants, who sought to' have a constructive trust declared on two parcels of land.

Appellants assign as error that the court erred in overruling the demurrer'to the bill of complaint. The only ground of the demurrer was that there was no equity in the bill. Even though complainants prayed for the establishment of a resulting trust instead of a constructive trust, sufficient facts are alleged to show a constructive trust and the general prayer for relief was sufficient to justify the overruling of the general demurrer.…