Calhoun Brick Co. v. Pattillo Lumber Co.

The questions in this case,arose on a rule against the sheriff for distribution of a fund in his hands, realized from the sale of property under execution. There were.two claimants of-the fund, — -the Pattillo Lumber Company claiming it under a materialman’s lien, and the Calhoun Brick Company under a .general execution. The judge, by agreement, heard the case without the intervention of a jury, and decided that the materialman’s lien had priority.

It is admitted that if the materialman’s lien was valid, it was entitled to priority of payment,.and there was no contention that this claim of…