Strayer & Co. v. Gaines

Opinion by-

Trexler, P. J.,

This was a proceeding on a scire facias on a mechanics’ lien- filed by Strayer & Company against George Gaines, Andrew P. Duke and Robert Jackson, trustees of Wilson Duke Memorial Baptist Church, and Wilson Duke Memorial Baptist Church, an unincorporated association.

The affidavit of defense alleges that the parties above named were only trustees in a limited sense and that the statutory notice of intention of filing the lien and the notice of filing was served upon said trustees, and not on the regular trustees elected by the congregation. At the trial, it was shown…