The Montgomery advertiser., 1901-12-03

LOVE ct als. v. BUTLER ct als. Bill in equity to establish title to real
 estate--Appeal from the Chancery
 Court of Franklin.
 1. Vendor and purchaser vendee equi- table owner of land.-A vendee of land, holding a bond for title is an equity tn. owner of said land. and upon his death It descenda to his heirs. or to those t. whom he may have devised it by will.
 g. Same; statute of limitation runs in favor of vendor in possession as against vendee.--The statute of limitations runs in favor of vendor in possession againsl his vendee, after default in payment oi purchase money.
 g. Same; same; when vendee barred.- Where vendee, holding bond for title enters into possession of the lands pur- chased and then breaches the bond b. failing to pay the purchase money, the vendor is entitled to the possession Of said lands: and if, thereafter. the vendor takes possession and retains 1t con- tinuously for a period of ten years, with out accounting for rents and profits and without doing anything in recognition of the rights of the purchaser. his heir or devisees, such possession is adverse and bars the rights of the purchaser and those claiming under him.
 4. Same: same; same; rights of life
 
 dee of lands, holding a bond for title, dies before he pays all the purchase money and by will devises a life estate in said land to his wife and the remainder in- terest to his children. if, upon the widow paying the balance of the purchase money the vendor executes a deed to her conveying the legal title to said lands and she by deed conveys the legal estate thereto to a third party, and such third party, as vendeed of the widow, enters into possession of said lands and holds them continuously as his own, with out any recognition of the rights of the remaindermen, for more than ten years from the death of the widow as life tenant. such possession is adverse to the remaindermen, bars their rights to said lands and invests the whole estate therein in the widows vendee as the holder of such adverse possession.
 5. Statute of limitations; objection can be raised by demurrer.--Where a bill is filed in equity to enforce a claim which is prima facie within the bar of the statute of limitations, the objection ts to the enforcement of such claim, upon that ground, may be taken by demurrer.
 6. Same; burden of proof..-Where a bill is filed to enforce claim which is prima facie within the statute of limita- tions, the compliments must show by positive and specific allegations some act or recognition of the party sought to be charged within the period which will take the case out of the rule; and mere gem eral and vague avcrments of facts and circumstances, out of which the rights sought to be enforced arise, or on which recognition of it is sought to be based, Is not sufficient.
 '. Equity pleading; misjoinder of parties complainant; statute of limita- tions.-All the parties whe join in bill in equity as complainants must be en- titled to recover or none can; and where several parties are made compliments in bill and the rights of one of them is barred by the statute of limitations, the relief prayed for can not be granted.
 Reversed and rendered.
 Opinion by Tyson, J.