Fox v. Martin

On December 16,1927, the Stephens Lumber Company filed a mechanics’ lien upon premises owned by Ralph Martin and Florence Martin, his wife. Approximately 14 months thereafter, on February 15, 1929, the lumber company filed a bill to foreclose the lien. Default was taken May 29, 1931, and a decree entered on the same day in favor of the lumber company. The premises were sold August 18, 1931, and the sale was confirmed August 31,1931.

Thereafter the lumber company was adjudicated a bankrupt and the Union Guardian Trust Company was appointed trustee. The trustee in bankruptcy sold the premises…