Lee v. Stokes

Marshall, Judge.

The question presented by this appeal is whether or not late filing of a lawsuit to enforce a construction lien is a good defense against a bankrupt whose trustee filed the lien suit well after the statutory 12-month period. The appellee is the trustee-in-bankruptcy for Kraft Carpets, Inc., which had furnished material and performed work for the improvement of real estate owned by appellants. The last date on which Kraft Carpets performed work and furnished materials for the appellants was September 7, 1971. Kraft Carpets filed a claim of lien against the real estate on…