Courington v. Kilgore

SIMPSON, Justice.

This is an appeal from an interlocutory decree in equity overruling demurrer to the bill of complaint as amended. The bill sought a discovery, accounting and cancellation of a deed. The allegations to the stated end are sufficient to give the bill equity.

The demurrer was to the bill as a whole and since the bill contains equity the demurrer was properly overruled. Smith v. Smith, 251 Ala. 694, 39 So.2d 230; Wells v. Wells, 250 Ala. 106, 33 So.2d 466; Wells v. Wells, 249 Ala. 649, 32 So.2d 697. Since the bill is sufficient in its allegations of fact to make a case for…