Hughes Bros. Manuf'G Co. v. Conyers

• Decision Date: 23 September 1896
• Parties: HUGHES BROS. MANUF'G CO. v. CONYERS et al.
• Court: Tennessee Supreme Court

36 S.W. 1093

HUGHES BROS. MANUF'G CO. v. CONYERS et al.

Supreme Court of Tennessee.

September 23, 1896.

Appeal from chancery court, Hamilton county; T. M. McConnell, Chancellor.

Action by the Hughes Bros. Manufacturing Company against J. F. Conyers and others to enforce a lien. Decree of foreclosure and sale, which was modified by the court of chancery appeals on appeal by defendant Conyers, and he appeals from the decree of that court. Affirmed.

Dodson & Dodson, for appellant Conyers. Barton & Chapin, for appellee Hughes Bros. Manuf'g Co. Thomas & Elder, for appellee National Home Building & Loan Ass'n.

WILKES, J.

Complainant in this cause has a furnisher's lien upon certain real property belonging to defendant Conyers, and filed a bill against him and others to collect the debt by sale of the property. One Martin and the National Home Building & Loan Association were made defendants, and it was alleged that Martin was claiming a debt against the property, but in fact had none, that was superior to complainant's; and that the building and loan association held debts of about $9,000, evidenced by notes and mortgage, but the justice of same was not conceded; and the rights of the parties were asked to be fixed, and a sale of the property had. The cause was referred to the master to report the debts. Complainant's debt was reported as $340.79, and the debt due the association about $10,000, and a debt due the City Savings Bank of about $636.50. Exceptions were filed and overruled, and decree entered for sale, and the property was sold to the building and loan association for $9,000, and the sale was confirmed to it. The building association was decreed to have priority, and after it the City Savings Bank and complainant. The defendant Conyers appealed, and assigned errors. The cause was heard by the court of chancery appeals, and the decree of the chancellor affirmed, except that so much of his decree as ordered sale to be made free from the right of redemption was reversed and modified, and defendant was given two years from the date of confirmation in the court of chancery appeals to redeem the property. The defendant Conyers has appealed to this court, and assigned errors.

First, that the court should not have decreed the foreclosure of the mortgages of the National Building & Loan Association, except upon a cross bill, filed by that association as defendant, praying for such foreclosure. The complainant was claiming a furnisher's lien upon...