Denniston & Partridge Co. v. Luther

Plaintiffs are dealers in building materials. They furnished Luther materials for building two houses in Colfax. The controversy in this case turns upon the question whether plaintiffs’ claim for a lien was filed in time, or under circumstances which will permit them to foreclose such lien as against the defendant Howell, who alleges that he acquired the title free from such incumbrance. The real estate in question is the west 95 feet of two adjoining town lots. About October 1, 1913, Otto Luther, desiring to build a house on a part of said tract, presented to the plaintiff a bill or list of…