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DEL MACK CONST., INC. v. OWENS

No. CA 02-1101.

118 S.W.3d 581 (2003)

DEL MACK CONSTRUCTION, INC., et al. v. James OWENS and Carole Owens.

Court of Appeals of Arkansas, Division IV.

June 11, 2003.

Attorney(s) appearing for the Case

Gary R. Burbank; Don B. Dodson; Pat Hall; and Teresa Wineland, El Dorado, for appellants.

Compton, Prewett, Thomas & Hickey, L.L.P., by: William I. Prewett, El Dorado, and Matthew J. Shepherd, for appellees.

JOHN F. STROUD, JR., Chief Judge.

This appeal involves the allocation of the burden of proof in a dispute over the priority between a vendor's lien and materialmen's liens. We affirm.

Appellees James and Carole Owens sold a house in Union County, Arkansas, to Alaverene Peace in December 2000, for $325,000, with a $25,000 down payment. Appellees financed the remainder and retained a vendor's lien to secure payment of the balance. Appellants Del Mack Construction...

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