Lambie v. W. T. Rawleigh Co.

Hart, C. J.,

(after stating the facts). It is first contended by counsel for appellants that the decree should be reversed because the special ichanoellor who rendered the decree in the foreclosure proceeding was not elected in accordance with the provisions of our Constitution relating to the election of special judges when the regular judge is absent or disqualified. On this point a nwnc pro tunc decree was entered of record which recited that on the 10th day o.f March, 1927, the regular chancellor failed to appear at the courthouse, at the time and place prescribed by law and by former…