Morarity v. Calloway

This was an action by the appellant against the appellees to have a lien declared and enforced against the land described in the complaint, for certain sums of money paid by him for taxes, and for improvements made on the land by way of ditches. Upon the issues formed on the several pleadings in the cause, the court found for the appellees. It is assigned as error that the court erred in denying the appellant a new trial.

*504The only matter discussed by counsel relates to the question as to whether the appellant is estopped from asserting the lien which he sets up in his complaint.

It appears from…