89 So. 51 | Ala. | 1921
A branch of this litigation concerning the property here in controversy has previously been before this court (Thompson v. Miller,
This bill is by a remainderman to remove cloud and quiet the title to the lands therein described. His right to possession or any action for the recovery thereof is postponed until the termination of the outstanding life estate, and that he may maintain a bill, although out of possession, for a removal of the cloud upon his title as such remainder man is well established by all the authorities in this jurisdiction. Dallas Comp. Co. v. Smith,
The bill alleges that the respondent Millie Miller, as the widow of James Miller, deceased, was vested with a life estate in and to this homestead, and there is no objection to the bill upon the ground that the averment is but a conclusion of the pleader. The argument seems to be, however, that the language of the bill is inconsistent, in that it discloses that respondent Millie Miller has conveyed this homestead by warranty deed to the other respondents to the bill, and that by such alienation to third persons she has abandoned and lost her homestead rights — citing Chavers v. Mayo,
What was said in the recent case of Johns v. Cannon,
There is some insistence that Millie Miller, La Fayette Green, and Maggie Green are not proper parties respondent. The two latter respondents are alleged to have claimed some interest in the land under the deeds, and they are likewise shown to have joined in the execution of a warranty deed with Millie Miller purporting to convey a fee-simple title to the other respondents in the cause. They were at least proper parties, and the demurrer raising this point was properly overruled. 32 Cyc. 1348; Broughton v. Mitchell,
We are of the opinion that the bill was not subject to any assignment of demurrer interposed, and that the decree of the court below should be affirmed.
Affirmed.
All the Justices concur. *673