124 So. 207 | Ala. | 1929
The demurrer to the bill was overruled.
The bill as amended was filed under the general equitable doctrine of interpleader, or in the nature of interpleader. Section 10390, Code of 1928. The rules governing such pleading are stated in Marsh v. Mutual Life Ins. Co.,
It was proper, as to the balance due the contractor by the owner, that rival claimants have their respective liens (section 8840, Code) or claims declared by the court and a due apportionment be made. Grimsley v. First Ave. Coal Co.,
The bill does not show on its face that complainant was fully informed of its liability to the particular or several claimants, and therefore was not subject to that ground of demurrer. Modern Order of Praetorians v. Merriman,
The decree of the circuit court is affirmed.
Affirmed.
ANDERSON, C. J., and SAYRE and BROWN, JJ., concur.