68 So. 153 | Ala. | 1915
After the reversal of the decree overruling a demurrer to- the bill as originally filed in this cause (Morris v. Fidelity Mortgage Bond Co., 187 Ala. 262, 65 South. 810), complainant amended its bill so as to show that after the transaction complained of and before the filing of its bill defendant Morris had conveyed the mortgaged property to one Mattie Dodge, who was not a party to the cause. Demurrer was interposed to the amended bill, was sustained, and complainant has appealed.
The amendment'cured the objection formerly taken to that alternative aspect of the bill which sought relief by way of having the conveyance declared a general assignment — perhaps it were better to say the objection which might have been so taken, for the demurrer was addressed to the bill as a whole — the ob
The same rule is stated on the above authorities in Smith’s Eq. Bern, of Creditors, § 21. Our opinion now is that defendants have no just cause of complaint against a bill of this character, assuming on demurrer that its averments are true. We have seen no cases to the contrary.
On the reasoning and authority of the cases and the text-books to which we have referred, we are now of opinion that our decision on the first appeal was in error. In consequence the decree now before us will be reversed. In the further' proceedings the chancellor will be governed by this opinion.
Reversed and remanded.