Neat v. Topp

Error is assigned in tbe action of the court in setting aside a judgment taken by default against appellee. The facts are, in substance, as follows: Appellee sold to one York a lot, the title to remain in appellee until York *513completed a house thereon. Under this agreement to convey, York contracted with appellant to build the house, but when it was completed, and before the final conveyance by appellee, a controversy arose between appellant and York, each claiming that the other owed him money on the building contract, and appellant filed a mechanic’s lien, and began this suit to foreclose…