Leeds Lodge No. 446, A. F. & A. M. v. Whitmire

ANDERSON, Chief Justice.

The respondent was sued and described by the name in which it executed the mortgage or deed of trust and the bill was not subject to the demurrer for failure of further description, that is, whether corporation, partnership or unincorporated association. Union Ins. Soc. of Canton, Limited, v. Sudduth, 212 Ala. 649, 103 So. 845.

The case of Shepherd v. Birmingham Trust & Savings Co., 233 Ala. 320, 171 So. 906, is not in conflict as it was dealing with the necessity for describing the plaintiff and not the defendant and the opinion in the Sudduth Case, supra, expressly…