Chamberlain v. Dollar Savings Bank of New York

NORTHCUTT, Justice.

This is a suit by appellant, Chamberlain, for debt based upon a contract with Powers Homes, Inc. (owner of the subject property at the time of construction) and for foreclosure of a constitutional lien and of a statutory mechanic’s and materialman’s lien against the subject property. At the time the suit was filed, title to said property was in the defendants, Boyd L. Truax and wife, Helen Jeanette Truax. Subsequently, Dollar Savings Bank of New York succeeded to the interest of the defendants Truax and is appellee herein. Defendant, Powers Homes, Inc., defaulted and…