#### Werner Brothers Express & Storage Company and National Life Insurance Company of U. S. A., Appellants, v. James Donovan and Clara H. Woodward, Appellees.

Gen. No. 22,032.

(Not to be reported in full.)

Appeal from the Superior Court of Cook county; the Hon. Charles A. McDonald, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1915.

Affirmed.

Opinion filed May 31, 1917.

Statement of the Case.

Bill by Werner Brothers Express & Storage Company, complainant, against James Donovan and Clara H. Woodward, defendants, and cross-bills by National Life Insurance Company of U. S. A. and by Clara H. Woodward to establish prior liens on certain personalty. From a decree dismissing the Storage Company’s original bill and the Insurance Company’s cross-bill and granting the prayer of defendant Woodward’s cross-bill, the former two appeal.

Lewis A. Stebbins and Elmer D. Brothers, for appellants.

James Donovan, pro se and Cassius C. Clark, for appellees.

*12Abstract of the Decision.

1. Appeal and ebbob, § 1725 * —when decision on former appeal is controlling. On a bill to establish the priority of liens on the proceeds of a foreclosure sale, a landlord’s claim to priority held to be concluded by an adverse ruling on a former appeal.

2: Mortgages—what are rights of purchaser at foreclosure sale as to removal and storage of furniture of tenant. Under the facts disclosed, the purchaser of realty sold under foreclosure held entitled to remove from the premises the furniture of a tenant of the mortgaged premises, as to which there were conflicting claims between several lienholders, and to cause it to be stored.

3. Chattel mortgages, | 153*—when mortgagee entitled to prior lien over storage company. Holder of a chattel mortgage on furniture of a tenant of mortgaged premises, held to have a prior lien to a storage company with which the furniture had been stored by the purchaser of the real estate on a foreclosure.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Presiding Justice O’Connor

delivered the opinion of the court.