Hendley v. First Nat. Bank of Huntsville

(dissenting on rehearing) .

I am not in accord with the result announced. This suit is not between the original grantor and first mortgagee. If so, the result announced and rule applied would be that which I understand obtains.

It was a contest between the first and second mortgagee, which introduced the latter as a third party. The facts are thus stated in the opinion, Hendley et al. v. First National Bank of Huntsville, 234 Ala. 535, 176 So. 348, 349:

“In particular, the junior mortgagee challenges the senior mortgage as a subsisting lifen upon the ground that the same is barred by…