Home Improvement Loan Co. v. Pruitt

DAVIS, Justice.

Plaintiffs-appellees, Will Pruitt and wife, Ivie Pruitt, sued appellant-defendant, Home Improvement Loan Company, for the cancellation of a promissory note, for cancellation of a mechanic’s lien, and for $3,000 damages. Appellant, by answer, claimed itself to be an innocent holder of the note and lien for a valuable consideration, having purchased the note and lien from Ace Insulation Company; that appellees were estopped by their own conduct to avoid the lien, and filed a cross-action seeking judgment on the note, and for foreclosure of the lien. Trial was to the court without…