91 So. 604 | Ala. | 1921
Bill by Hodnett against his vendees in a duly recorded deed and their subvendees to declare complainant's deed a mortgage and to redeem. Demurrer taking the point that the amended bill failed to aver that the subvendees had notice of complainant's alleged equity was sustained, after which this appeal. The defense of bona fide purchase for value without notice must be raised by averment of the facts constituting the defense in the answer, by plea, or, when the facts appear on the face of the complaint, by demurrer. Kelley v. Chandler,
It results that the decree in this cause was in error. The demurrer should have been overruled as against all the demurrants.
Reversed and remanded.
ANDERSON, C. J., and GARDNER and MILLER, JJ., concur.