Butler v. Wilson

THOMAS, Justice.

The appeal is under the statute and from an interlocutory decree overruling demurrer to the bill. First National Bank of Opp v. Wise, 238 Ala. 686, 193 So. 131,

A phase of this case, it is alleged in appellants’ brief, is reported as Butler v. Wilson, 237 Ala. 312, 186 So. 687, 689. In that case it was held that the power of a court of equity “to require restitution” did not apply to the defendant Wilson; that his theory was equivalent to converting a “procedural invention of a court of chancery * * * into a right to be enforced by one against another who seeks no equitable…