Woods v. Sanders

FOSTER, Justice.

This'is an appeal from a decree sustaining a demurrer to a bill in equity. The- equity of the bill is to enforce an equity of redemption in what may be termed a resulting trust to secure the payment of a debt for borrowed money, which in equity is treated as a mortgage. Pollak v. Millsap, 219 Ala. 273, 122 So. 16 (7), 65 A.L.R. 110; Moss v. Winston, 218 Ala. 364, 118 So. 739; O’Rear v. O’Rear, 219 Ala. 419, 122 So. 645; Gunter v. Jones, 244 Ala. 251, 13 So.2d 51; O’Rear v. O’Rear, 220 Ala. 85, 123 So. 895; Leonard v. Duncan, 245 Ala. 320, 16 So.2d 879.

The ground of demurrer,…