Anderson Mild & Lumber Co. v. Clements

This is a suit in equity by appellant, complainant below, to foreclose a material man’s lien as authorized by Section 3519 Revised General Statutes of 1920 (Section 5382 Compiled General Laws of 1927). Defendants below, appellees here, suffered a decree pro con fesso to be entered against them, motion to vacate which was denied, and a final decree in favor of complainant was granted. Both these decrees were vacated and set aside on motion for rehearing and defendants permitted to enter appropriate pleadings. Appeal was taken from that order. It is first urged that the Chancellor committed…