Reeves v. Little

LAWSON, Justice.

The appeal is from a decree of the circuit court of Jefferson County, in equity, overruling a demurrer to appellee’s bill as amended.

The demurrer was addressed to the bill as a whole, which as we view it is in two aspects. In one the complainant seeks declaratory relief and in the other seeks to enforce the statutory lien given by § 37, Title 33, Code 1940.

Section 48, Title 33, Code 1940, gives to a lien claimant a concurrent remedy in equity. The lien is a creature of statute and not contract. Burge v. Morgan, 257 Ala. 558, 59 So.2d 795.

The rule has been often announced and…