Williamson v. Burks

MERRILL, Justice.

Appeal from a decree overruling demurrer to complainants’ amended bill of complaint. The original bill prayed for construction of a lease, and demurrer was properly sustained. The bill as amended has several aspects, one of which was the reformation of a written lease on the ground of mutual mistake, an established equitable remedy. Clipper v. Gordon, 253 Ala. 428, 44 So.2d 576.

The demurrer to the amended bill was to the bill as a whole and to each of the several aspects. The court overruled the demurrer generally. The effect of such a ruling was a ruling only on the demurrer…