Reich v. . Triplett

At the close of plaintiff’s evidence, and at the close of all the evidence, the defendants made motions in the court below for judgment as in case of nonsuit. C. S., 567. The court below overruled these motions, and in this we see no error.

The question involved: Did the plaintiff, who had a lien for repairs, under C. S., 2435, and the common law, lose his lien as against the defendants, who claim under a prior recorded mortgage, when he was induced to part with his possession by false and fraudulent representations of the owner? ¥e think not.

C. S., 2435, in part, is as follows: “Any mechanic…