Dirks v. Orchard & Wilhelm Co.

Plaintiff below instituted the present action to quiet title to certain real property in the city of Marion Junction in Turner county. The actual controversy before us, however, is between the defendants Farmers’ Trust & Savings Bank and J. J. Smith, who hold mortgages upon the realty, and the defendant Marion Lumber Company, who claims a mechanic’s lien thereon. The mortgagees maintained that the lien claimed by the lumber company was invalid, and the trial court so found. From judgment entered accordingly, and denial of its motion for new trial, defendant lumber company has appealed.

The…