Childs v. MISSISSIPPI VAL. TITLE INS. CO.

This is an appeal by Oliver D. and Mary Childs from a judgment dismissing their action, without prejudice, upon grant of Mississippi Valley's Rule 12 (b)(6), ARCP, motion to dismiss.

The sole issue presented by this appeal is whether the complaint states a claim upon which relief can be granted. If under a provable set of facts upon a cognizable theory of law it does, then it should not have been dismissed. Jeannie'sGrocery v. Baldwin County Electric Membership Corp.,331 So.2d 665 (Ala. 1976).

The Childses claim their complaint states a claim on the theory of the tort of "outrage," which has…