State Ex Rel. Hurwitz v. Recorder of Mortgages

This is a mandamus proceeding to compel the recorder of mortgages to cancel an inscription of an affidavit made by George A. Lotz, claiming a lien on the property of the relators, described in the affidavit. Lotz was made a party defendant in the suit. His affidavit sets forth that the relators, whose lot adjoins that of Lotz, have, without right or color of right, made use of the supporting wall on the lot of Lotz, by resting the joists and steel framework in and on the wall; that the wall is not on, but 4 inches inside of, the line dividing the two lots; that the wall is worth $9,850, and…