82 So. 428 | Ala. | 1919
The complainants owned only a reversionary interest in the real estate here in controversy, and the outstanding life estate is an obstacle or impediment in the way of the assertion by complainants of their legal rights, and therefore — although out of possession — they have a right to maintain this bill to remove the cloud from their title in reversion. It is quite clear that the bill has equity, and the *179
demurrer was properly overruled. Fies v. Rosser,
It is insisted by appellees, and was so ruled in the court below, that the witnesses John W. Wall and H. P. Wall, although parties to the suit, were not incompetent to testify under the circumstances outlined in the foregoing statement of the case, under section 4007 of the Code of 1907. Wood v. Brewer,
Affirmed.
ANDERSON, C. J., and McCLELLAN and SAYRE, JJ., concur.