Hervey v. Commercial Bank, of Clarksdale

On April 2, 1921, appellants obtained in the circuit court a materialmen’s lien judgment against J. W. Payton as the sole defendant. It is not shown when the suit was filed or when process was served. It appears, however, by reference to Exhibit 7 to the amended bill, that theretofore, on June 24, 1918, J. W. Payton and his wife, Lemmie C. Payton, had executed a deed of trust on the land on which the buildings in question were subsequently erected, and which were the subjects of the said judgment; that this deed of trust was foreclosed by the trustee on March 11, 1921; that on said date Lick…