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BELCHER v. RUSSELL

Nos. 60-379, 60-385.

128 So.2d 623 (1961)

Edwin N. BELCHER, Jr., Virginia Belcher, his wife, and George H. Grayson, Appellants, v. Clara L. RUSSELL, a widow, Audley C. Grant, Sue W. Grant, his wife, and Troup Bros., Inc., Appellees. Clara L. RUSSELL, a widow, Appellant, v. Audley C. GRANT, Sue W. Grant, his wife, Edwin N. Belcher, Jr., Virginia Belcher, his wife, and Troup Bros., Inc., Appellees.

District Court of Appeal of Florida. Third District.

Rehearings Denied April 27, 1961.

Attorney(s) appearing for the Case

Raymond R. Lord, Key West, for Clara L. Russell.

H.H. Taylor and Henry H. Taylor, Jr., Miami, for Edwin N. Belcher, Jr. and Virginia Belcher, his wife, and George H. Grayson.

Hall & Hedrick, Miami, for Audley C. Grant and Sue W. Grant, his wife.

Holladay & Swann, Miami, for Troup Bros., Inc.

MILLEDGE, STANLEY, Associate Judge.

We disagree with the chancellor on only one part of his decree; that in which he decided that Troup Bros., Inc., had a valid lien on the land under mortgage foreclosure under the Mechanic's Lien Law for the construction of streets upon the land. Since Troup Bros. failed to give the owner a statement under oath that all lienors contracting directly with, or directly employed by such contractor...

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