Jackson v. J. A. Franklin & Son

This was an action by appellees against appellants to recover for lumber furnished by appellees and to be used in the construction of a barn upon appellants’ premises and to foreclose an alleged materialman’s lien securing the payment for said lumber.

The complaint was an ordinary form of complaint to foreclose a materialman’s lien. Appellants filed an answer in general denial.

Before this cause was submitted for trial, appellants tendered the sum of $325.00 to the clerk of the court as an undertaking to pay any judgment rendered in this cause and filed a petition requesting the court to order…