Campbell Street Lumber Co. v. Central Mortgage Co.

HOGAN, Presiding Judge.

This is an action to enforce and foreclose a materialmen’s lien. Though it has been neither briefed nor argued, the central and dispositive question in this court is whether or not the only appealing party is actually entitled to appeal. We address ourselves solely to that question.

The plaintiff’s petition was obviously designed to invoke the provisions of Rule 101.11 (§ 429.270),1 which applies when there is more than one lien claimant, and authorizes a single “ * * * equitable action for the purpose of determining the various rights, interests and liens of the various…