Colby & Dickinson, Inc. v. McCulloch

This action was instituted by appellant, as plaintiff, to foreclose a materialman’s lien. The cross-appellants, by cross-complaints or intervention, sought similar relief. The respondent Peoples Savings & Loan Association, by cross-complaint, sought a foreclosure of its mortgage on the same property.- After a trial on the merits, the lower court entered its decree establishing and foreclosing a certain lien as prior to the mortgage, in favor of parties not appealing. It denied the lien claims- of the appellant and of ..the cross-appellants, but gave them personal-judgments against defendants…