Ross-Lyvers Co. v. Rutherford

This is a mechanics’’ lien suit instituted• in the circuit court of St. Louis county on October 12, 1929. The plaintiffs are Martin H, Lyvers and Leland Ross, co-partners doing business as Ross-Lyvers Company. Defendants are Sterling F. Rutherford, Raymond M. Henley, Robert Lungstras, and Lawrence Bay-gents. A number of unknown owners and holders of notes secured by deeds of trust were originally made defendants, but later they were dismissed as defendants.

The following were the pertinent allegations of the petition: That Sterling F. Rutherford was the owner of a certain tract of land,…