Barran v. Roden

LIVINGSTON, Chief Justice.

This is' an appeal taken by complainants .from a decree in .equity sustaining a demurrer to an alleged aspect o.f th.e bill, but overruling the demurrer to the bill as a whole and to the other aspects of it.

An appeal will lie under Sec. 755, Title -7,' Code of 1940, by complainants to review a decree sustaining a demurrer to an aspect of a bill in equity. Steele v. Freeman, 250 Ala. 336, 34 So.2d 139; American Life Ins. Co. v. Powell, 260 Ala. 574, 71 So.2d 872. This is not in conflict with McCary v. Davis, 257 Ala. 456, 59 So.2d 569.

Appellee moved to dismiss the…