Dwight v. Acme Lumber & Supply Co.

Grice, Justice.

1. ‘“A bona fide purchaser of the absolute title of real estate, who bought without notice of a materialman’s lien upon the same, which at the time of the purchase had been neither recorded nor foreclosed, took the property divested of such lien.’ Ashmore v. Whatley, 99 Ga. 150 (24 S. E. 941).” Willingham-Tift Lumber Co. v. Barnes, 147 Ga. 209 (2) (93 S. E. 201).

2. Where a materialman furnished to an owner of real estate lumber and material to be used in the construction of a house thereon, and after the completion of the house, but within three months from the date some of the…