Barton v. Horwick

DREW, Justice.

The parties will be referred to by their status in the lower court where the appellant was the defendant and the appellee, was the plaintiff. The plaintiff brought an equity action to foreclose an alleged lien for labor and materials furnished for improvements to real property owned by the defendant, a married woman. The defendant duly filed an answer to which reference will be made later. After the time for taking testimony had expired, the defendant moved for a disposition of the case upon the bill and answer, under Equity Rule 46, now Rule 3.13, 1954 Rules of Civil Procedure,…