Garnett v. Taunton

SIMPSON, Justice.

This appeal is from an interlocutory decree overruling the demurrer to a bill in equity.

Appellant through her demurrer to the bill as a whole contends that there is no equity in the bill and that the trial court erred in overruling her demurrer.

In our view, the allegations of the bill are sufficient to invoke the jurisdiction of a court of equity for the cancellation of a deed on the ground of mutual mistake. Glenn v. City of Birmingham, 223 Ala. 501, 137 So. 292.

It results, therefore, that the demurrer was due to be overruled. Courington v. Kilgore, Ala., 84 So.2d 6461;…