Ellsberry v. Duval-Percival Trust Co.

BRADLEY, J.-

— -This is an action to determine the priority of liens. Below the decree went for plaintiff and defendants Duval-Percival Trust Company and Mary E. Flannery appealed.

The suit was commenced against the two defendants above named and one W. J. Smiley. The trust company and Mary E. Flannery filed answer and contested, but Smiley made no appearance. Hereinafter when we use the term defendants we have reference to the trust company and Mary E. Flannery who prosecute this appeal.

Prior to the transactions which gave rise to this cause Miss Affa Wealand was the owner of .120 acres of…