117 So. 63 | Ala. | 1928
It is a well-settled rule of equity pleading that a bill of complaint must show by clear and unambiguous averments the complainant's right, title, or interest in and to the subject-matter of the suit. Seals v. Robinson Co.,
While the bill could have well charged undue influence as a conclusion, yet it attempts to set up the facts or details constituting same, and, from aught appearing, the grantor's wishes as to the property may not have been changed. In other words, she may have wanted Myrtle Bond to have it and may have devised it to her in the will. *653
The trial court erred in overruling the demurrer to the bill as amended, and the decree of the circuit court is reversed, and the cause is remanded.
Reversed and remanded.
SOMERVILLE, THOMAS, and BROWN, JJ., concur.