Rackers v. Nicholson

UDALL, Justice.

Appellant brought suit to foreclose a mechanic’s and materialman’s lien on real property which was the principal asset of the estate of certain bankrupts being under the jurisdiction of the bankruptcy court at the time appellant performed the work upon which he claims this lien. The matter was submitted on an agreed or stipulated set of facts. The trial court gave judgment for the defendants. This appeal is from that judgment.

From the stipulated facts it appears that in the fall of 1956, William R. Nelson and wife, owners and operators of the “Outpost”, a nightclub in the…