E. R. Dickenson

BUFORD, J. -- In this case Dickenson filed his bill to foreclose a certain mortgage making as parties defendant John C. Sharpe, E. L. Bryan and Tallulah Sharpe, alleging that Tallulah Sharpe had previously been the wife of John C. Sharpe, John C. Sharpe had filed a bill for divorce against Tallulah Sharpe. The bill was dismissed but a decree was entered granting Tallulah Sharpe $50.00 per month as permanent alimony and $100.00 as solicitor's fees. Prior to the marriage to Tallulah Sharpe, John C. Sharpe had executed one of the mortgages sought to be foreclosed and subsequent to such marriage he, joined by Tallulah Sharpe, executed the other mortgage sought to be foreclosed. The decree allowing Tallulah Sharpe $50.00 per month alimony appears to have been entered on July 3rd, 1924, and on August 7th, 1925, John C. Sharpe sold and conveyed to E. L. Bryan the property described in the mortgage, subject to the mortgage. The defendant Tallulah Sharpe filed answer to the bill and when same was stricken, filed an amended answer. In her amended answer she prayed for affirmative relief setting up the alimony decree referred to and claimed that it was a valid and binding judgment and decree and a valid and subsisting lien upon the property in litigation and prayed a decree subrogating her rights to the rights of the complainant under the mortgages for all sums paid for principal, interest, taxes and expenses and that when same should be determined she be entitled to receive out of the proceeds of any sale of the said property the amount due under and by virtue of the decree for alimony and solicitor's fees as a lien against the property after the said mortgages should have been paid. To this answer in the nature of a cross bill E. L. Bryan filed his demurrer on the following grounds: