The principles of law applicable to this appeal are stated in City of Birmingham et al. v. Hood-McPherson Realty Company (Hood-McPherson Furniture Company, Intervener) (Ala.Sup.)172 So. 114,¹ this day decided, and necessitate an affirmance of the decree from which this appeal is prosecuted.

Affirmed.

ANDERSON, C. J., and THOMAS and KNIGHT, JJ., concur.

¹ Ante, p. 352. *Page 375