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STREULI v. BROOKS

313 S.W.2d 262 (1958)

Walter STREULI, d/b/a Crown Coal and Lumber Company, v. Otis BROOKS et al.

Supreme Court of Tennessee.

April 9, 1958.

Attorney(s) appearing for the Case

Robert M. McRae, Jr., and Apperson, Crump, Duzane & McRae, Memphis, for appellants.

Graham Moore, Memphis, for appellees.

TOMLINSON, Justice.

Streuli furnished materials which went into, and became a part of, premises owned by defendants, Brooks and wife. His bill seeks payment therefor through enforcement of the furnisher's lien created by T.C.A. Section 64-1112 et seq. This bill acknowledges superiority of a lien created by deed of trust to a third party created and registered after the furnisher's lien commenced. He seeks a sale subject to the lien of that trust deed.

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