133 So. 281 | Ala. | 1931
The appeal challenges the sustaining of demurrer to the bill as amended.
The two grounds assigned were "There is no equity in the bill;" and that it is shown by the bill "that the right of action is barred by the statute of limitations of three years under section 7450 of the Code of 1923." The bar of the statute or laches, if disclosed by a bill, may be availed of by demurrer. Wood v. Master Schools, Inc.,
It is further established that on demurrer all pleadings are construed against the pleader, and, when susceptible of two reasonable constructions, the allegations of the bill, if equivocal, are construed most strongly against the pleader. City Council of Montgomery v. Hughes,
Beneficial seizure of land in possession or in which another was seized in fee for him during marriage, or in which he had a perfect equity therein, by the husband during coverture, and the death of the husband while the marriage relation exists (Hinson v. Bush,
All claims for dower in lands aliened by the husband must be commenced within three years after the death of the husband. Section 7450, Code. There being no presumption as to the time of death after an absence of seven years, the burden of proof as to the fact and time of death rests upon him who asserts the fact. In Kyser v. McGlinn,
In Security Bank v. Equitable L. Ass'n Soc. of U.S.,
The averments of the bill fail to disclose on the face thereof any bar of the statute. And the ruling of the trial court was in error, and that judgment is reversed, and the cause is remanded.
Reversed and remanded.
ANDERSON, C. J., and SAYRE and BROWN, JJ., concur.