Dwight v. Acme Lumber & Supply Co.

Atkinson, Presiding Justice.

On the first appearance of this case in this court it was held: “Where an owner of realty purchases materials which are used in the erection of a building on the realty, and after the completion of the building he executes a warranty deed conveying the building and premises to his wife to secure her for money advanced to him, which deed is duly recorded, and the materialman, approximately two years later, obtains a judgment against the husband, and the execution thereon is levied on the property conveyed, to which levy the wife' files a claim, it not appearing that…