Rogers v. Smith

HEFLIN, Chief Justice.

The question involved in this appeal is the following: Where á deed reformation suit has a jurisdictional defect due to the absence of necessary parties, can this defect be first raised in an appeal from a final decree involving a bill in the nature of a bill of review which seeks to review the final decree in said deed reformation suit on other grounds? This Court says yes.

This is an appeal from a final decree of the Circuit Court of Covington County, Alabama, in Equity, denying relief to Henry Rogers (appellant-complainant) on his “bill in the nature of a bill of…