Ackerson v. Albuquerque Lumber Co.

WATSON, Chief Justice.

This suit was commenced by Ackerson against Townsend and wife to foreclose a deed of trust given by defendants Townsend to plaintiff’s assignor, covering lot 1, block 59, Terrace addition, Albuquerque, as designated on the plat of that addition filed May 24, 1928. Albuquerque Lumber Company intervened, claiming a materialman’s lien. Prom a judgment recognizing such lien and giving it priority to the deed of trust, plaintiff appeals.

Appellant first attacks the sufficiency of the filed claim as the basis of a lien, because of its attempted description of the property to be…