Escoe v. Smith

Opinion by

ESTES, C.

Parties appear in the same order as in the trial court. In substance, plaintiff alleged that Geo. D. Hope Lumber Company, in 1920, obtained a judgment against Clara Evans, J. A. Evans, and defendant Smith in another action, which judgment gave the lumber company a lien against the real estate in controversy; that after entry of the judgment, the lumber company sold and assigned the same to plaintiff, Escoe, who thus became subrogated to the rights of the lumber company; that said judgment has never been satisfied .or set aside, and that at the date of the sale of the…