Robert Garrett Lumber Co. v. Loftus

The opinion of the court was delivered by

Burch, J.:

The action in the district court was one to foreclose a mechanic’s lien. Mary R. Loftus owned an undivided one-sixth of the lots affected, in fee sim*557pie. Her husband undertook to convert a building standing upon the lots into an ice plant, and the lumber company sold him lumber for that purpose. A lien was duly perfected which correctly stated the interest of - the owner. After the suit was commenced an amended petition was filed which stated that while the action was pending Mary R. Loftus acquired the remaining interests in the property and…