Mahan v. Bitting

Lively, Judge:

The decree appealed from, entered August 5, 1926, dismissed the hill on the ground that the mechanic’s lien sought to he enforced was not a lien upon the property of defendants, because neither they, nor either of them, had legal or equitable title to the land at the time the mechanic’s lien was attempted to be perfected, but that the title thereto was in another person not a party to the cause when the lien was filed. The bill was dismissed without prejudice to any proper suit.

The original, amended and supplemental bills set up and exhibited a written contract between plaintiff…