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eBook details

• Title: Home Federal Savings & Loan Association V.
• Author : Supreme Court of Alabama
• Release Date : January 12, 1963
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

HARWOOD, Justice. This is an appeal from final judgments rendered in the Circuit Court of Jefferson County, Alabama, in three suits in Equity, in favor of the complainant, William E. Williams, doing business as Ace Plumbing Company against Home Federal Savings & Loan Association, John O. Russell and Edith A. Russell, John O. and Edith A. Russell have not appealed. These are mechanics lien suits by complainant against Russell, the former owner and builder and Home Federal, the mortgagee who had foreclosed. There are three records which have been filed with the Court; one in each of cases 121-678 (Lot No. 93), 121-679 (Lot No. 61), and 121-680 (Lot No. 79). The cases were tried together and the record of the trial proceedings, by stipulation, are found only in the record in case 121-678. The points raised in each of the cases are sufficiently similar so that reference will be made only to the record in case 121-678 (Lot No. 93), unless otherwise specified. Final judgment was entered against the respondents Russell in the amount of $1,189.67 in case 121-678, $1,368.25 in case 121-679, and $1,420.81 in case 121-680, and against the respondent Home Federal Savings & Loan Association to the extent that a lien was declared in favor of the complainants on certain properties which were owned by respondent Home Federal. Home Federal filed an application for rehearing. This application was overruled by the Court. From such final judgment and also the decree of the circuit court overruling the application for rehearing respondent Home Federal appealed by filing supersedeas bonds. The complaints as originally filed and as amended upon being tested by demurrers, alleged that complainant and respondents Russell entered into a contract whereby complainant was to perform the plumbing necessary on three houses being built by the respondents Russell. The complainant claims a lien for labor and materials on each house and lot (each suit demands a lien on a different piece of property). The complaints also allege that respondent Home Federal Savings & Loan Association made mortgage loans on the building and real estate described in the three complaints and that at the time complainant began furnishing labor and materials no money or funds had been disbursed from the mortgage loans.

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