Devry Brick Company v. Mordka

LOCKWOOD, Vice Chief Justice.

The DeVry Brick Company, Clarence E. Radcliff, Fred Catron, Raymond Nagel, and the J. Knox Corbett Lumber Company (hereafter referred to as the appellants) sued Max Mordka and Flora Mordka (hereafter referred to as the lessors). The appellants are materialmen seeking to enforce their mechanics’ liens on propérty formerly leased to Leon R. Magee and Melvenia S. Magee (hereafter referred to as the lessees) . In the alternative, the appellants seek to impose a constructive trust on the proceeds of the bond held by the Western Casualty and Surety Company (hereafter…