LAWSON, Justice.
This case was submitted on briefs without oral argument. At time of submission it was assigned to another Justice. It was assigned to the writer of this opinion on November 23, 1959.
The case is here for the second time. On first appeal we affirmed a decree overruling demurrer to a bill in equity. Hanson v. Citizens Bank of Oneonta, 259 Ala. 383,
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