Weatherly v. Citizens & Southern National Bank

Duckworth, Chief Justice.

This is a companion case to Weatherly v. Hatcher, ante, although the parties are different, it was filed in a different county, and not entirely the same relief was sought. However, neither case is controlled by the other, hence separate rulings are required. The lower court sustained a general demurrer and dismissed the petition which sought to (1) declare a trust agreement null and void; (2) declare the consent decree in a different court whereby the agreement was reached null and void; and (3) remove the defendant as trustee. The appeal is to that judgment. Held:

1.…