Lowery v. Rosengrant

This appeal is from a decree sustaining appellee’s demurrer to appellant’s amended cross-bill. Both the parties to this appeal were made defendants in the original cause. May v. Lowery et al. This court’s consideration of the original bill is shown in Lowery v. May, 213 Ala. 66, 104 So. 5, and May v. Lowery, 214 Ala. 230, 107 So. 67. That bill-named as defendants both parties to this appeal, as we have said, but there was no averment that Rosengrant had cut or removed timber, nor was specific relief prayed against him. The bill, so far as concerning Rosengrant, appears to have proceeded upon…