HOUSTON LUMBER CO. v. MORRIS

No. 40,060

179 Kan. 564 (1956)

297 P.2d 165

HOUSTON LUMBER COMPANY OF RUSSELL, KANSAS, INC., a Corporation, Appellee, v. WILLIAM CLIFTON MORRIS, JR., and MARGUERITE L. MORRIS, husband and wife; (HERMAN H. FABRIZIUS); and THE HOME STATE BANK, a Kansas Corporation, Appellants.

Supreme Court of Kansas.

Opinion filed May 5, 1956.


Attorney(s) appearing for the Case

Richard M. Driscoll, of Russell, argued the cause, and Jerry E. Driscoll, and O.G. Rouse, also of Russell, were with him on the briefs for the appellants.

George W. Holland, of Russell, argued the cause, and Marvin E. Thompson, and Clifford R. Holland, Jr., also of Russell, were with him on the briefs for the appellee.


The opinion of the court was delivered by

THIELE, J.:

This was an action to foreclose a mechanic's lien. The demurrer of certain of the defendants to the amended petition, as more fully set out later, was overruled, and they appeal.

A review of the record as abstracted discloses the following.

On April 8, 1954, the plaintiff filed its petition alleging its status and that the defendants Morris owned certain described real estate in the city...

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