Womer v. Gearhart

Fleming, P. J.,

— This matter is before us upon motion of Fred Gearhart, who appears to be the present owner of the premises concerned herein, to strike the mechanic’s lien entered as above from the record.

While no testimony has been taken, it appears to have been admitted at the argument that the above-named defendant was in possession of the premises described in the lien, on or about February 24, 1928, by virtue of an article of agreement for the sale of land executed by Reed R. Randolph and Maude L. *360Randolph, his wife, as vendors, and Arthur Vear Gearhart and Ruth Gear-hart, his wife, as…