Hodge v. FIRST FEDERAL SAVINGS & LOAN ASSN.

Ness, Justice.

Appellant, Dr. Joseph Hodge, instituted an action against the respondents to remove a mechanic’s lien filed by Clement Lumber Co., a respondent, against Hodge’s interest in his newly constructed house. Clement answered and counterclaimed seeking to foreclose the lien. The case was referred by consent and the Master’s findings were concurred in by the county judge.

The Master and trial court concluded that Clement was entitled to foreclosure of the lien acquired pursuant to S. C. Code § 45-251 (1962), which arises by virtue of an owner’s “consent” to be charged for materials used…