Terrell v. Meisenhelder

The question in this case is whether foreclosure can be had on a mechanic’s hen where the copy of the notice of hen, and not the original, was filed. The action being against the owners of the realty on which the improvements were made, and the proof being that the improvements were made at the request of and under *912agreement with the builder, and not with them, there is no liability on them personally, even though they looked on while the work was being done, and expressly consented to it. The consent, express or implied, is the ground for imposing a lien, but it cannot be taken as an implied…