The opinion
THOMAS, Justice
(dissenting).
Being in full accord with the treatment given in this case by Mr. Justice LIVINGSTON, I wish to add that the rule of this class of cases (Weatherly v. Medical & Surgical Society of Montgomery County, 76 Ala. 567 , and Chapman v. American Legion, Ala.Sup., 14 So.2d 225 , 147 A.L.R.
*142
585
1
) are not subject to the rule as to necessary parties indicated in the opinion of the majority. The difference between proper parties and necessary parties to a bill is well recognized by all the courts. If a proper party conceives that his rights are being dealt with, a remedy is by way of intervention.
1
244 Ala. 553 .