Caylor v. Thorn

— This was an action by the appellant against the appellee to recover for lumber and material furnished and used in the construction of a dwelling-house for the appellee, and to enforce a mechanic’s lien.

Upon issues formed the cause was tried by the court, which, at the request of the parties, made a special finding of the facts proven and stated its conclusions of law thereon.

*202It appears from the special finding of facts in this cause that the appellee was, on the 1st day of September, 1887, the owner of the real estate described in. the complaint, and about that date he entered into a…