Crossland v. First Nat. Bank of Montgomery

FOSTER, Justice.

This is a bill filed by an executor, and seeks the removal of the estate into the circuit court, in equity, by virtue of section 6478, Code, and other relief. There was a demurrer to the bill as a whole, and if it is sufficient in any aspect, the demurrer should have been overruled. First National Bank v. Forman, 230 Ala. 185, 160 So. 109.

It .was sustained, and complainant appeals. Appellant insists that it is at 'least sufficient under the Code section cited above.

The bill alleges that the administration of said estate is still pending in the probate court and that there has…