Allen v. Evans

The bill in this cause, filed by appellee against appellants, discloses that the complainant is a judgment creditor of respondent Bristow Allen, with a lien, which lien, however, is subordinate to the mortgage executed by said Allen to respondent Dothan National Bank. As pointed out by the learned chancellor in his opinion which accompanies the decree, the bill is not one seeking an enforced foreclosure of the senior mortgage, or a sale of the property for the application of the proceeds first to the payment of the mortgage debt and the excess in satisfaction of complainant’s lien. Relief of…