First Nat. Bank of Birmingham v. Huddleston

BROWN, Justice.

The former appeal, reported as First National Bank of Birmingham et al. v. Huddleston, 239 Ala. 528, 195 So. 755, was from a final decree rendered on pleadings and proof, and the decree was reversed because of the absence of the Malones, held to be necessary parties, because, as stated in the opinion of the court, “They and not the bank are those on whom the burden of such a contingency would fall.” 239 Ala. 531, 195 So. 758.

The bill was filed on August 12, 1936, as a creditor’s bill to marshal the assets of an alleged insolvent corporation — Sun Creek Farms, Inc.' — under the…