McDonald v. Birmingham Trust & Savings Co.

BOULDIN, Justice.

The appeal is from a decree overruling demurrers to a bill in equity-as amended.

A primary purpose of the bill is to remove a cloud on title to real estate by cancellation of an option to purchase given by complainants to respondent, and made an exhibit to the bill. The bill invokes the general equity powers to remove a cloud upon title to land.

The demurrers challenge the bill on the ground, among others, that complainants are not shown to be in possession of the property. Hence, for aught appearing, they have a complete and adequate remedy at law by suit in ejectment.

To meet…