Houston Lumber Co. of Russell, Kansas, Inc. v. Morris

The opinion of the court was delivered by

Thiele, J.:

This was an action to foreclose a mechanic’s hen. The demurrer of certain of the defendants to the amended petition, as more fully set out later, was overruled, and they appeal.

A review of the record as abstracted discloses the following.

On April 8, 1954, the plaintiff filed its petition alleging its status and that the defendants Morris owned certain described real estate in the city of Russell; that the defendants Morris contracted with the defendant Fabrizius for the erection of a dwelling house on the real estate and that Fabrizius, as…