Daniel v. Columbus Fertilizer Co.

Simmons, C. J. The facts alleged, in the plaintiff’s petition to marshal the assets of the estate of his intestate showed sufficient doubt and uncertainty as to the legal priority of the several claims against the estate, and enough complication in its affairs, to make the filing of the petition proper. This being so, it was not without equity, and it was error to dismiss it upon demurrer. Judgment reversed. J. A. Anslby, for plaintiff. J, II. Lumpkin, for defendants.