Ex Parte Wilkinson

In the companion case of Clemmie Bell et al. v. A. C. Goodwin & Co. et als., 126 So. 108 1 on appeal from the decree appointing the receiver we have decided the receiver was properly appointed.

On rehearing reliance is had on Herstein v. Walker, 85 Ala. 37, 4 So. 262, as authority that in a suit in equity to reach property fraudulently conveyed by a decedent, it must appear the claim of the creditor was duly presented to the personal representative of the decedent. In that case it does not appear the personal representative of decedent was a party to the suit; hence, it was not a suit *…