Wall Lumber Co. v. Lott-Lewis Co.

A lien in favor of Lott-Lewis Company, for supplies furnished to a sawmill, was levied on certain lumber. The property was brought to sale under what is commonly known as a “short order.” The claimants, the Wall Lumber Company, were present at this sale and bought the lumber sold thereat. Neither at the time of the levy nor at the time of the sale did they have any lien upon the property, but, after the sale was made, they filed a claim to the proceeds. No counter-affidavit to the lien foreclosure was filed by the defendants or by any creditor. When the claim case was called for trial, the…