Marshall v. Marshall

GARDNER, Chief Justice.

This cause was submitted for final decree on the bill, decree pro confesso against defendant and upon the evidence noted. The Chancellor granted complainant a divorce from her husband on the ground of adultery alleged in paragraph 3 and established a resulting trust in an one half interest in the house upon the averments of paragraph 4 and the proof in support of these paragraphs.

Any amendable defects in the bill were waived by failure to interpose demurrer. Wakefield v. Wakefield, 217 Ala. 517, 116 So. 685. True, in order to sustain the decree no essential fact is to…