85 So. 709 | Ala. | 1920
The former appeal in this cause, consequent upon a ruling sustaining the present appellant's demurrer to the bill, is reported in Vesuvius Lumber Co. v. Alabama Fidelity Mortgage Co.,
The only matter now insisted upon that does not fall within the influence of the express decision on first appeal is that the *440
determination of the rights of the appellant (respondent) was not in accordance "with due process," for that the appellant was not a party to proceedings at law establishing the appellees' lien, and yet, appellant asserts, its rights are affected thereby. The object of the bill being to have ascertained, declared, and enforced the "priorities" between these parties — as amply stated in the former opinion — the appellant has been accorded an unrestricted hearing, in conformity with settled course of justice, on the issues made; and the fact that the appellees' debt was adjudicated and the lien established in an action at law, to which appellant was not a party, against the College Court Realty Company, neither detracted from nor impaired the appellant's rights under its mortgage on the lots, either before or after the foreclosure sale. Code, § 4755; Vesuvius Lumber Co. v. Alabama Fidelity Co.,
The decree is affirmed.
ANDERSON, C. J., and SOMERVILLE and THOMAS, JJ., concur.