Baggett Mercantile Co. v. Vickery

Demurrer to a bill of complaint may be incorporated in the answer at any time before final decree, though no demurrer was originally filed or incorporated. Shaw v. Lindsey, 60 Ala. 344; Harland v. Person, 93 Ala. 273, 9 So. 379; sections 6547, 6558, Code 1923. The grounds of demurrer to the bill in this case must therefore be considered on their merits, so far as they are insisted upon.

The three grounds insisted upon are: The want of equity in the bill; the failure of tbe bill to show that complainant was in possession of the lands when the suit was filed: and the failure of complainant to…