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McCool v. Jones
Citations: 221 Ark. 123; 252 S.W.2d 80; 1952 Ark. LEXIS 856Docket: 4-9876
Court: Supreme Court of Arkansas; November 3, 1952; Arkansas; State Supreme Court
Jim McCool filed a suit to enforce a laborer's lien against property owned by Earl V. and Shirley M. Jones. Following Jim McCool's death, the suit was revived in the name of his estate. The defendants demurred to the evidence after the plaintiffs rested their case, and the court sustained the demurrer, leading to an appeal. The appellees argued that they were the property owners and that Jim McCool failed to provide the required notice of the lien per Ark. Stats. 51-608. They also contended that Dallas McCool, purportedly the contractor, was not included as a party in the suit as mandated by Ark. Stats. 51-610. The central issue on appeal is whether Dallas McCool was an owner or a contractor. The appellants claimed he was the owner when Jim McCool worked on the property, while the Joneses acquired title afterward. The parties stipulated that Denton and Louise McCool obtained the property in 1950 and subsequently conveyed it to the Joneses. Records confirm the lien was filed by Jim McCool against Dallas McCool and Earl Jones on November 10, 1950. Ethel McCool, Jim’s widow, testified that Jim worked for Denton McCool, constructing a house for the Joneses, but was unpaid. During cross-examination, Ethel indicated that Jim referred to the house as the "Denton-Jones" house and confirmed he had no contract with the Joneses. This testimony was cited by the appellees to justify the court's decision to sustain the demurrer. Testimony does not warrant upholding the demurrer to the evidence. If the demurrer were overruled and the defendant offered no evidence, a decree in favor of the plaintiffs would still be justified based on the existing evidence. Denton McCool and Louise McCool acquired the real estate in question via a warranty deed from Gene Thrasher and Juanita Thrasher on August 8, 1950, prior to the lien's filing. This stipulation alone establishes a prima facie case for the plaintiffs regarding property ownership. Additional evidence supports Denton McCool's ownership, including the warranty deed, the couple holding the property as an estate by the entirety, and their conveyance by warranty deed. The excerpt references the case of Werbe v. Holt, which addressed the implications of a demurrer to evidence in equity cases, asserting that trial courts must consider the evidence favorably to the plaintiff. The decree is reversed, and the case is remanded for further proceedings.