Cox v. Hutto

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BOULDIN, J.

The appeal is from a decree overruling a demurrer to a bill in equity. Code, § 6079. The decree was entered February 18th, and the appeal taken on March 21, 1927, the 31st day after the date of the decree. March 20th, the 30th day, was Sunday. The appeal taken on Monday following was within time, and the motion to dismiss is overruled. Code, § 13; Stewart v. Keller, 197 Ala. 575, 73 So. 89.

The bill is filed by E. M.^I-Iutto and Minnie Hutto against the appellant and others as heirs at law and distributees of the estate of E. R. Kirby, deceased. In substance, it avers: That on…