Hughes v. Duke

BROWN, Justice.

Courts of equity look through form to substance and mold their decrees to protect the rights and equities of the parties. Midgely v. Ralls, 234 Ala. 685, 176 So. 799; Andress v. Parish, 239 Ala. 67, 193 So. 727; Saenger Theatres Corp. v. McDermott, 239 Ala. 629, 196 So. 265; 8 Alabama Digest, <®==>56, p. 440. On the face of the pleadings as last amended it appears, at first blush, that this litigation is between mother and daughter in which the mother is the aggressor, but when we get to the heart of the litigation it clearly appears that John R. Duke, the son, is the dominant…