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LONG-BELL LUMBER CO. v. AUXER

No. 4-9987.

255 S.W.2d 163 (1953)

LONG-BELL LUMBER CO. v. AUXER et al.

Supreme Court of Arkansas.

February 23, 1953.

Attorney(s) appearing for the Case

Rose, Meek, House, Barron & Nash, Little Rock, for appellant.

Fitzhugh & Cockrill, Talley & Owen and Wright, Harrison, Lindsey & Upton, all of Little Rock, for appellees.

HOLT, Justice.

Appellant, Lumber Company, (plaintiff below) brought this suit to foreclose an alleged materialman's lien in the amount of $9414.96 ($4544.96 of this amount being for materials furnished and $4870, cash furnished for labor to Auxer, the contractor), on property owned by Peter J. Heyburn and wife in Jacksonville, Arkansas.

The defendants below (appellees here), were in three groups, (1) Peter Heyburn and wife, (2) Joe Auxer (who died October...

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