Littell & Smythe Manufacturing Co. v. Miller

The opinion of the court was delivered by

Scott, J.

This action was brought to foreclose a lien under chap. 138 of the Code of 1881, for materials furnished by the respondent which entered into the construction of a building situated upon certain réal estate, which the respondent alleged belonged to the appellant. The appellant answered, denying that he owned anything more than a community interest therein, and alleging that said property was the community property of the appellant and his wife, Eva J. Miller, setting up the necessary facts to show its community character. A demurrer thereto by…