The principles of law applicable to this, appeal are stated in City of Birmingham et al. v. Hood-McPherson Realty Company (Hood-McPherson. Furniture Company, Intervener) (Ala. Sup.) 172 So. 114,1 this day decided, arid necessitate an affirmance of the decree from which this appeal is prosecuted.
Affirmed.
ANDERSON, C. J., and THOMAS and KNIGHT, JJ., concur.