Davis v. Sloan Lumber Co.

The present controversy had its origin in the execution of an obligation and mechanic’s lien by appellant If. H. Davis and wife, given by them to secure the contract price of a building upon their homestead lot. The obligation and lien was later acquired by appel-lee, who later instituted suit to recover thereon. Appellants defended in that proceeding on the ground that the building was not in substantial compliance with the contract, and could not be made so. They disclaimed all interest therein, and prayed that the house be removed from their premises.

Upon a trial of the ease in the…