Harden v. Barbaree

THOMAS, Justice.

This is the second appeal in this case. Harden v. Barbaree, 238 Ala. 519, 192 So. 268.

The appeal seeks a review of the decree overruling demurrer to the amended bill. The amended bill seeks a division of moneys deposited by agreement in a bank to await a due division among parties in interest.

The action is in the nature of an inter-pleader under the statute (Code, § 10390) and makes the bank wherein the money is deposited a party respondent.

The last amendment, after the reversal of the cause, shows a bona fide effort was made by the appellee to agree upon an equitable division…