Kelly v. Carmichael

FOSTER, X

This is an appeal from a final decree in equity. The nature of the case is shown on an appeal from a decree sustaining demurrer to the bill as reported in 217 Ala. 534, 117 So. 67.

After a remandment, the bill was amended so as to eliminate that feature of it which sought in the alternative an exercise of the statutory right of redemption/ seemingly recognizing a want of such right conformably to the opinion on that appeal. After the court had overruled demurrer to the bill as thus amended, respondent filed an answer denying those allegations upon which- the complainant relied to…