Gwilliam Lumber & Coal Co. v. El Monte Springs Corp.

WOLFE, Justice.

This is one of those cases where the lower court was asked from blurred evidence to fix the dead line from which the time to file a mechanic’s lien began to run. There were two cases consolidated. The issues will better be revealed by a statement of the evidence than from any recount of the manner in which they were formed when the two cases were combined for trial.

On the 25th day of April, 1928, the defendants A. V. Smith and his wife mortgaged to the Ogden State Bank certain real estate owned by them to secure two notes for $10,000 each. Between that date and October 18,…