First Nat. Bank of Eutaw v. Barnes

THOMAS, Justice.

The decision in Planters’ Warehouse & Commission Co. v. Katie S. Barnes, Individually, etc., et al. (Ala. Sup.) 159 So. 63, 1 will indicate the error in sustaining demurrers to this bill, being maintained as it was for like purpose; the difference between the two pleadings being that the instant suit by the bank seeks the foreclosure of a like equitable mortgage, lien, charge, or trust created by the terms of the conveyance to Mr. Barnes of the interest in the lands indicated, the grantors thereof being all the heirs at law and children of Carrie B. Scears, deceased, and…