Burge v. Morgan

LAWSON, Justice.

This bill was filed in the circuit court of Montgomery County, in equity, by Angus Morgan, an original contractor, against Sam Burge, Frederick B. Fannin, Fred Fannin, Jr., Curtis Fannin, and Maxwell Motor Court, Inc., a corporation, to enforce the statutory lien given by § 37, Title 33, Code 1940, and for other relief.

Section 48, Title 33, Code 1940, gives to a lien claimant a concurrent remedy in equity. The lien is a creature of statute and not contract. Floyd v. Rambo, 250 Ala. 101, 33 So.2d 360.

From a decree overruling their demurrer to the bill, the respondents have…