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DAVIS v. SMITH

650 S.W.2d 47 (1983)

Thomas L. DAVIS, d/b/a J.L. Davis and Son Excavating and Paving, Plaintiff-Appellee, v. Thomas E. SMITH, IV, Defendant-Appellant.

Court of Appeals of Tennessee, Middle Section, at Jackson.

Certiorari Denied April 25, 1983.

Attorney(s) appearing for the Case

Larry K. Tolbert, Murfreesboro, for defendant-appellant.

Larry G. Trail, Murfreesboro, for plaintiff-appellee.

Certiorari Denied by Supreme Court April 25, 1983.

OPINION

TODD, Presiding Judge, Middle Section.

This is a suit under T.C.A. § 64-1101 et seq. (66-11-101 et seq.) to enforce a lien upon real estate for $5,734.75 for excavating and grading for the improvement of said real estate. The defense is that on January 15, 1979, at which time the improvement was "100% complete", the defendant, Thomas E. Smith, IV, filed a notice of completion and that...

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