Noland v. Sanders

GOODWYN, Justice.

This is an appeal by the respondents below from' a decree of the circuit court of Montgomery County, in equity, overruling their demurrer to appellee’s bill of complaint. The appeal was 'taken prior to passage of Act No. 72, appvd. Sept. 15, 1961, Laws 1961, Sp.Sess., p. 1947, amending § 755, Tit. 7, Code 1940, and providing that a decree overruling or sustaining a demurrer to a bill or cross-bill in equity is not appeal-able.

As we understand the bill, its purpose is to have a resulting trust in certain lands declared in favor of complainant. The point made by the demurrer,…