Lunsford v. Empire Realty & Mortgage Co.

This is an appeal from the final decree of the chancery court, and the cause was submitted upon the pleading and exhibits and the evidence of the complainant, the respondent offering no testimony. It is sufficient to say that the material averments of the bill were either admitted in the respondent’s answer, or were, at least, prima facie proved by the evidence.

[1] Appellant’s counsel argues that the averment that complainant was an Alabama corporation was not proven. This averment appears in paragraph 1 of the bill, and the respondent’s answer admits said paragraph.

[2] It is also suggested…