Averett v. Averett

LAWSON, Justice.

This is an appeal from a decree of the circuit court of Conecuh County, in equity, sustaining demurrer to a bill in equity.

The bill to which the demurrer was sustained was filed by appellants against appellees, seeking to annul and vacate a decree dismissing for want of prosecution a bill filed by appellants against appellees to cancel a deed of conveyance to1 real estate.

The nature of a bill of this character must be determined by its averments, its purpose and its substance, rather than the names given it by the parties. Hooke v. Hooke, 247 Ala. 450, 25 So.2d 33. The rule is…