Hagan v. Riddle Co.

The cause was submitted on demurrer to the original bill, having for its purpose the enforcement of a materialman’s lien.

The averments of facts as to advisability of consolidation of the instant suit with the other pending causes to like effect in the same court, did not destroy the equity of the bill, or prevent the court, in the exercise of a sound discretion and in a proper case, from ordering consolidation or hearing the causes at the same time “without the consent of the parties thereto.” Ex parte Brown, 58 Ala. 536.

The lien claimed and filed in the probate office shows that the sale was…