Bailey Lumber Co. v. Ball

Lovins, Judge:

The Bailey Lumber Company instituted this suit in the Circuit Court of Wyoming County for the purpose of enforcing. a materialman’s lien for building materials, in the amount of $205.25, furnished to a contractor, and used in the construction of a building for John Ball on a town lot owned by him in Mullens, Wyoming County. There was no dispute as to the amount or the fact that the material was so used. However, by his answer to the bill of complaint, Ball denied the creation of a lien for the benefit of plaintiff against the property involved, because of the failure to follow…