
    138 So. 917
    FIDELITY LIFE INSURANCE CO. v. H. H. MONTGOMERY, Supt. of Banks.
    6 Div. 916.
    Supreme Court of Alabama.
    Dec. 17, 1931.
    H. H. Grooms and Coleman, Coleman, Spain & Stewart, all of Birmingham, for appellant.
    H. L. Anderton, of Birmingham, for appel-lee.
   ANDERSON, C. J.

This case presents the same question which was decided in favor of the appellant and adversely to the appellee in the case of Ensley Mortgage & Loan Co. v. Chadwick, 223 Ala. 468, 136 So. 821. That case was carefully considered, and we have no disposition to re-cede from the result there announced. It follows that the trial court erred in sustaining respondent’s demurrer and in dismissing the bill of complaint; and the decree of the circuit court is reversed and one is here rendered overruling the demurrer and reinstating the bill of complaint; and the cause is remanded.

Reversed,'rendered, and remanded.

THOMAS, BROWN, and KNIGHT, JJ., concur.  