Woodruff Oil & Fertilizer Co. v. Estate of Yarborough

(concurring and dissenting) :

Some of the plaintiffs in this action are judgment creditors of the estate of Daniel Yarborough, deceased; others, judgment ■ creditors of one or more of the devisees under his will. Some of the defendants are judgment creditors of said estate; other claim to be mortgage creditors of the estate; and others, judgment or mortgage creditors of certain of the devisees.

The main purpose of the action, and the only question involved in this appeal, is the construction of the will of Daniel Yarborough. In its scope the action embraces a calling in of creditors, marshaling…