Audubon Homestead Ass'n v. A. Stef Lumber Co.

Plaintiff contracted with Michel Bourgeois to build a double cottage and outbuilding. Every formality and requirement of law was complied with. The work was constructed and completed, and the buildings were accepted. Thereafter, and within the legal time limit, the liens of three furnishers of materials and one subcontractor were attested, filed, and recorded. These liens exceeded the sum of the last payment due under the contract, and to avoid liability for the excess thereof, the owner provoked a concursus proceeding, and deposited the amount of the reserved payment in the registry of the…