
    E. W. HUNSBERGER and MARGARET McLEOD MICKLER HUNSBERGER, his wife, v. A. B. COKER, et als.
    30 So. (2nd) 747
    January Term, 1947
    April 1, 1947
    En Banc
    
      Frank T. Phillips and Oliver C. Maxwell, for petitioners.
    
      Rogers, Towers & Bailey for First Federal Savings and Loan Association, et al., respondents; Paul Ritter for A. B. Coker and A. B. Coker and Sons, Inc., respondents; Touchton & MacCalla for B. H. Williams and wife, respondents; William H. Hamilton for Peoples Bank of Auburndale, et al., respondents; Frank Bezoni for B. W. Williams,'respondent.
   PER CURIAM:

This cause having heretofore been submitted to the court on petition for writ of certiorari upon the transcript of record and briefs and the record having been inspected, it is ordered that said petition be and the same is hereby denied.

THOMAS, C. J., TERRELL, CHAPMAN, ADAMS and BARNS, JJ., concur.

BUFORD, J., dissents.

On petition for rehearing filed May 8, 1947.

PER CURIAM:

Counsel for petitioners having filed in this cause petition, for rehearing and having been duly considered, it is ordered, by the court that said petition be and the same is hereby denied.

THOMAS, C. J., BUFORD, CHAPMAN and ADAMS, JJ.,. concur.

TERRELL and BARNS, JJ., dissent.

BARNS, J., dissents:

Certiorari has heretofore been denied herein, however, on petition for rehearing it has been made to appear that by paragraph XXX of the answers of J. L. McCall, et ux., the First Federal Savings & Loan Association and B. H. Williams, et ux., it was suggested to the chancellor that certain named parties had purchased portions of the mortgaged premises prior to the filing of the bill and were necessary parties to such foreclosure.

The chancellor by paragraph (9) of his decree of June 7th, 1946, ordered the plaintiff to amend her bill by making parties defendant certain persons named in paragraph XXX of said Answers.

Since it is not shown by the said answer that such persons are in anywise necessary to the adjudication of the equities between the plaintiff and the “First Federal,” McCall or Williams, the decretal portion of such order, should be reversed with leave for further consideration by the chancellor, and as to such portion of the said decree certiorari should be granted and said decretal portion quashed accordingly, and said petition for rehearing in other respects denied.

TERRELL, J., concurs.  