All Florida Land Co. v. Thomas, Manor, Inc.

(dissenting). — My conclusion is that the bill of complaint presents a case cognizable in equity under the doctrine stated in the case of National Surety Co., et al., v. Graves, et al., 211 Ala. 533, 101 Sou. 190, as follows:

“The doctrine of equitable apportionment between creditors having claims against a common fund rests on the same ground as contribution between debtors owing a common debt.”

And in that case the Court said:

“It is suggested this statute provides the sole remedy— a suit at law by each person defrauded, until the penalty of the bond is exhausted; that provision is made for a…