McCLESKEY v. FINNEY

7 Div. 535.

130 So.2d 183 (1961)

Clyde McCLESKEY and Henry McCleskey, d/b/a McCleskey Hardware and Building Supply Company, v. Mary Nelie FINNEY et al.

Supreme Court of Alabama.

May 18, 1961.


Attorney(s) appearing for the Case

T. J. Carnes, Albertville, and Barnes & Smith, Gadsden, for appellants.

Inzer, Martin, Suttle & Inzer, Gadsden, for appellees.


MERRILL, Justice.

Appellants filed a bill in equity to enforce a materialman's lien on a house and lot in Gadsden. The respondents, appellees, are the owners and the contractor. A demurrer was filed and was overruled as to most aspects, but was sustained as to one aspect. Appellants appealed from the decree sustaining the demurrer to one aspect of the bill.

The trial court sustained the demurrer to that aspect of the bill "seeking to impose a lien on the unpaid...

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