Lafayette Tennis Club, Inc. v. C. W. Ellison Builders, Inc.

The primary issue presented by this appeal is whether or not the notice described in IC 1971, 32-8-3-10 must include a statement that the lien shall be null and void if suit is not commenced within thirty days after receiving such notice. In the case before us, the trial court ruled that the owner’s notice was insufficient to void the mechanic’s lien and stated:

“. . . I.C. 32-8-3-10 (Burns 43-710) is a provision, under the Lien Statutes of the State of Indiana, providing for a shortened statute of limitations, at the option of the owner of property upon which a Mechanic’s Lien has been taken.…