Commonwealth Life Ins. Co. v. First Nat. Bank

GARDNER, Justice.

The appeal is from the decree of May 8, 1934, sustaining demurrer to the bill as last amended. The demurrer was properly sustained.

Complainant derives its title from one Carter, original owner of the real estate, and occupies Carter’s position, so far as concerns the present litigation. Montgomery v. City of Florence, 226 Ala. 340, 146 So. 882.

The original bill was one to remove a cloud on title, and sought to have the street improvement assessment lien declared void and canceled. The regularity on the face of the assessment proceedings is admitted, but attacked as invalid…