Allured v. Voller

This is an action of ejectment. Plaintiff recovered a judgment, and defendant appeals. Special findings of fact were filed, from which it appears that prior to September 8, 1892, one Elbert D. Pierson was the owner of the property in question. Plaintiff on that day filed a claim of lien with the register of deeds, and the defendant at about the same date also filed a claim of lien. On the 3d of November, 1892, plaintiff and defendant both commenced suit in the Osceola circuit court against Pierson. Defendant, it would appear, failed to prosecute his suit to effect, but after the levy upon…