Zeigler v. Zeigler
Supreme Court of Alabama
Appeal from Autauga Circuit Court. Heard before Hon. W. W. Pearson. Bill by Sarah M. Zeigler against. William J-. Zeigler and others to divest title and vest same fully and completely in the complainant. Prom a decree overruling demurrers to the bill, respondents appeal.
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Appeal from Autauga Circuit Court. Heard before Hon. W. W. Pearson. Bill by Sarah M. Zeigler against. William J-. Zeigler and others to divest title and vest same fully and completely in the complainant. Prom a decree overruling demurrers to the bill, respondents appeal. The case made by the bill is that about 30 years ago complainant married Henry S. Zeigler, and that complainant and Henry S. Zeigler lived together as man and wife until the death of said Henry S. Zeigler, which occurred during the year 1910; that Henry S. Zeigler left an estate, which was solvent; that during the time of…
1Opinion of the Court
de GRAFFENRIED, J.
It is an elementary rule of pleading that on demurrer the allegations of a plea are to be taken most strongly against the pleader. A complainant who seeks relief in a court of equity is presumed to have stated in his bill of complaint his case as favorably to himself as his facts will justify, and for this reason, when the bill of complaint is demurred to, then, if the bill, when construed as above stated, fails to show a recoverable right and the defect in the bill is properly pointed out by the demurrer, the demurrer to the bill should be sustained. The language of the…
2Cases cited7 opinions
- Ashurst v. PeckSupreme Court of Alabama · 1893
- Haney v. LeggSupreme Court of Alabama · 1900
- Montgomery Light Co. v. LaheySupreme Court of Alabama · 1898
- Gilmer v. MorrisSupreme Court of Alabama · 1885
- Shorter v. SmithSupreme Court of Alabama · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- First Nat. Bank v. McIntoshSupreme Court of Alabama · 1918
- Darden v. MeadowsSupreme Court of Alabama · 1953
- McKleroy v. DishmanSupreme Court of Alabama · 1932
- Floyd v. AndressSupreme Court of Alabama · 1944
- Gilmore v. SextonSupreme Court of Alabama · 1950
5 more not listed; retrieve them via the Exa API.