SMITH v. HART

6 Div. 300.

65 So.2d 501 (1953)

SMITH v. HART.

Supreme Court of Alabama.

May 14, 1953.


Attorney(s) appearing for the Case

Chas. E. Fant, Birmingham, for appellant.

Jos. C. Barnard, Birmingham, for appellee.


LIVINGSTON, Chief Justice.

Respondent, Joe Wheeler Smith, has taken this appeal from a decree of the circuit court, in equity, overruling his demurrer to a bill in equity.

There are three propositions insisted on by appellant: (1) the bill does not offer to do equity, (2) laches, and (3) that fraud is not sufficiently alleged.

The bill seeks to have the benefit of a conveyance to the extent that it conveys to this appellant an undivided half interest...

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