Hinesley v. Davidson

This is an appeal from a dismissal for failure to state a claim upon which relief can be granted under Rule 12 (b)(6), ARCP. We reverse and remand.

The nature of this action and the identity of the parties can best be stated by summarizing the plaintiffs' complaint. Plaintiffs allege the following. Stanley M. Waters died in 1936 leaving certain acreage in Baldwin County to his wife for life and on her death to his children, who, with the exception of the oldest child, are plaintiffs in this action. (The wife is still living and, with the oldest child, is a defendant.1) When Waters died, the…