City of Birmingham v. Wheeler

The complaint was brought under the Act of 1931, p. 370, authorizing an action of ejectment by the purchaser at a mortgage sale, and is identical with form 30 of section 9531 of the Code of 1923, and which said form is expressly prescribed by section 2 of said Act of 1931. The complaint was not therefore subject to the defendants’ demurrer going to the form of same.

The other grounds of demurrer go to the constitutionality of the Act of 1931. The act applies to all counties now having, or which may have according to any future census, 300,000 inhabitants. This was a single classification, and…