City of Mobile v. Merchants Nat. Bank of Mobile

FOSTER, Justice.

This appeal is in the same case reported in 250 Ala. 159, 33 So.2d 457. After that opinion was announced the cross bill was amended, to which demurrer was sustained, with this appeal following. As noted on the former appeal, a foreclosure sale was made of parcels of land in Mobile on January 27, 1941, for the failure to pay an improvement assessment. This controversy arose in a proceeding in equity to redeem by appellee as the owner of the property subject to the sale. The city was the purchaser as trustee for the bondholders. See, City of Mobile v. Smith, 223 Ala. 480, 136…