Bankers Building & Loan Ass'n v. Fleming Brothers Lumber Co.

The plaintiff in error, referred to in this opinion as the Association, seeks the reversal of a judgment subjecting its title to certain lots to the liens of The Fleming Brothers Lumber Company and others who furnished materials used in rebuilding a house and in erecting a double garage on the lots.

In 1922,1. L. Darby, who then owned the lots, borrowed $1,000 from the Association, and to secure the payment of his promissory note for that amount, payable to the Association, gave a deed of trust of the lots to the public trustee. Thereafter, Darby conveyed the lots to Connelly and others. On…