Fleming v. Bumgarner

Complaint by the appellees, Sutton and Fleming, to enforce a mechanic’s lien. Rotices were filed in the recorder’s office, on the 24th of August, 1867. The work was done in May and June of that year, under a contract with Sutton, who was erecting the house on which the liens are sought to be enforced.

Fleming answered that Sutton purchased the lots on which the house was erected from one Purviance; paid a part of the purchase money, and took a title bond, conditioned for a deed upon full payment; that after the purchase, Sutton built the house upon the lots, and finding himself unable to pay…