South v. Truesdale

Opinion op the Court by

Drury, Commissioner

Affirming’ in part and reversing in part.

J. W. Truesdale recovered a $535 judgment against Sam South and Corona South for sawing lumber for them. A counterclaim for $1,000 damages asserted by the Souths, and alleged to have resulted from the negligence of Truesdale, was dismissed. The lumber had been sold and the proceeds of the sale were in the custody of the court, when the judgment was entered. Truesdale was adjudged to have a lien on this fund superior to the lien of J. H. Johnson, who held a. mortgage on the timber from which this lumber had been…