192 F. 890 | 5th Cir. | 1912
after stating the facts as above, delivered the opinion of the court:
When it is considered that a relation of trust exists between the complainants and McDonald’s estate as to the fund held by them, and as to any sum which may be found due arising from such fiduciary relation, and that an accounting will be required to ascertain the amount, and that there are rival claimants for the fund, and that separate suits have been brought against the complainants for a . am largely in excess of what they admit is due from them, it seems to us clear that the bill is not without equity.
The decree is reversed, and the cause remanded, with instructions to overrule the demurrer.