Leak v. . Gay

Avery, J.:

This is a petition-to rehear the appeal of.J. S. Spencer & Co. and B. F. and IT. C. Lowdermilk.

All the questions involved in both appeals in this case were discussed at length in the opinion filed in the appeal of defendant J. C. Gay, the homesteader. The fund left after satisfying the senior mortgage of J. A. Leak, Sr., was $1,33435. For this sum the contestants in the Court below were the junior mortgagee, J. A. Leak, Jr.; the homesteader, J. C. Gay, and the appellants in this case, J. S. Spencer & Co. and B. F. and H. C. Lowdermilk, who are judgment creditors with other judgment…