Wood's Ex'x v. City of Middlesboro

Opinion of the Court ry

Chief Justice Clay-—

Beversing.

On December 18, 1931, Charles A. Wood sued Bob■ert Jackson Turner and Ms wife, Betty Turner, to re cover on a note for $700, and to enforce a mortgage lien on certain lots in Middlesboro- by which the note was secured. In addition to asserting a first lien by virtue of the mortgage, the petition alleged that the city of Middlesboro was claiming a lien by virtue of' certain taxes, and asked that the city, which was made-a party defendant, be required to come into the action, and set up its lien. All the defendants being before the court,…