Alsheimer v. Palmer

This was a suit by a materialman to foreclose a lien acquired under provisions of sections 3517 and 3518 R. G. S., 5380 and 5381, C. G. L., the materialman being in privity with the owner.

The record shows that the last services by the material-man were furnished April 23, 1927; that he filed notice of lien which was recorded on the 12th day of July, 1927; that the suit was filed on July 7th, 1928.

A demurrer was sustained to the bill of complaint and the bill dismissed because the suit was not instituted within twelve months after labor and material were furnished by the materialman. The sole…