City of Bessemer v. Schanz

ANDERSON, Chief Justice.

This case has been here on former appeal, 145 So. 424. It was there held that the bill was defective for failing to aver the peaceable possession of the complainant. After the cause was reversed, the bill was amended to cure the defect as pointed out, and the trial court then overruled the appellant’s demurrer to the bill as last amended.

The only insistence or argument by appellant’s counsel upon the present appeal is that the demurrer should have been sustained because of the statute of limitations or laches. We are not unmindful of the rule that, when a bill in…