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ELDER v. STEWART

7 Div. 399.

114 So.2d 263 (1959)

Thomas E. ELDER et al. v. C. W. STEWART et al.

Supreme Court of Alabama.

Rehearing Denied August 20, 1959.

Attorney(s) appearing for the Case

Rogers, Howard & Redden, Birmingham, for appellants Elder.

James & Beavers and Atwell Brown, Birmingham, for appellant Equitable Life Assur. Soc.

Thos. Reuben Bell, Sylacauga, for appellee.

STAKELY, Justice.

This is a proceeding in equity to enforce the statutory lien of C. W. Stewart, a general contractor, for the balance alleged to be due under a contract for the construction of a house on property now owned by Thomas E. Elder and Pauline McClure Elder, on which property a mortgage has been executed to The Equitable Life Assurance Society of the United States. The parties, other than those named, are contractors and materialmen, claiming liens on part...

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