King v. McAnnally

BOULDIN, Justice.

In view of evident uncertainty in the minds of the bar and trial courts touching amendments to bills in equity allowable under present statutes, without working a departure from the original bill, this court in Garrett v. First National Bank of Montgomery, 233 Ala. 467, 172 So. 611, 617, reviewed our cases and laid down the following controlling principles : “An amendment does not depart from the purpose of the original bill if it seeks to adjudicate property rights in the same property between the same parties. This is the obvious effect of Code, § 6526. Amendments…