Fulton v. Watts

In order to establish a Hen upon the property it was essential for the complaint to aver the owner or proprietor of same. Sanitary Plumbing Co. v. Simpson, 200 Ala. 590, 76 South. 948. None' of the counts save the last one, which we number four, avers that the defendants, or either of them, owned the property upon which the Hen was sought and fastened by the judgment' of the circuit court. As the defendants’ demurrer raising this point went to the complaint and each count thereof separately and severally, the trial court1 erred in overruling same as to counts 1, 2, and 3. This case is…