Brittain v. Commercial Nat. Bank of Anniston

FOSTER, Justice.

This is a second appeal in this case. On the first appeal an opinion was written by Justice Bouldin, and, concurred in by the Court. Later a motion for a rehearing was made. Appellee consented that the motion be granted,, and that the opinion and judgment affirming the decree be set aside, and that a judgment be here rendered reversing and remanding the cause. The opinion on that account was withdrawn. See 236 Ala. 692, 181 So. 914.

Upon remand, appellee, who had filed 'a cross-bill seeking a foreclosure of the mortgage, amended it so as to seek also a reformation in the…