S. J. Safford & Son Lumber Co. v. Kerley

The opinion of the court was delivered by

Wertz, J.:

This was an action by the S. J. Safford & Son Lumber Company, Inc. (hereinafter referred to as plaintiff), a subcontractor, to reinstate, reform and foreclose a materialman’s lien. The trial court sustained defendants’ demurrer to the petitipn on the ground that it failed to state a cause of action, and plaintiff appeals.

Plaintiff (appellant) alleged that defendants (appellees) Marlin Kerley and Mary E. Kerley were owners of two tracts of land in Sedgwick county, which for convenience will be referred to as tract No. 1 and tract No. 2. The…