Stowers v. Wheat

HUTCHESON, Circuit Judge.

When this case was here before, 1 only Ley, the contractor, was appealing from the decree awarding the trustee foreclosure with priority. Miss Stowers, though her interests were subjected to the foreclosure, did not appeal. Miss Stowers is the appellant on this appeal, and both trustee and contractor have filed cross-appeals. On this trial the questions raised on the former appeal, whether there was jurisdiction, and whether the contractor’s lien on Comeau’s interest primed the lien of the mortgage, were treated as settled. The contests were over questions not raised…