Melton v. Lowe

Deein, Judge.

A materialman who has provided labor on the owner’s premises and duly recorded his lien is entitled to foreclose, subject to certain defenses on the part of the owner, one of which is: “that in such action for recovery, the owner of the real estate improved, who has paid the agreed price, or any part of the same, may set up such payment in any action brought and proved by competent and relevant evidence that such payments were applied as provided by law.” Code § 67-2002 (3). “It is no defense to the foreclosure of a materialman’s lien that other materialmen may claim liens which,…