Dean v. Clark

SIMPSON, Justice.

The bill seeks along with other relief to foreclose an equitable mortgage alleged to be owned by the appellee on certain real estate in Coffee County. Respondents demurred to the bill. The demurrer was overruled and this appeal proceeded from that adverse ruling.

The demurrer was to the bill as a whole, and it is the uniform holding of this court that under such circumstances if the bill contains equity, such a demurrer was properly overruled. Nelson Realty Co. v. Darling Shop, 267 Ala. 301, 101 So.2d 78; Stoudenmire v. Mims, 266 Ala. 562, 98 So. 2d 42; Wells v. Wells, 249…