Estes Lumber Co. v. Investors' Syndicate

Appellant filed this bill against S. M. Casey, as owner of the property, and Investors’ Syndicate, a corporation, holding a mortgage thereon, to enforce a materialman’s lien and have its superiority declared over the mortgage of the Investors’ Syndicate. Defendant Casey offered no defense, nor did one Bond, also made a party defendant. The Investors’ Syndiéate offered two defenses: First, that the suit was barred by the statute of limitations ; and, second, that complainant was es-topped to claim otherwise. Upon consideration of the cause for final decree on pleadings and proof, the…