David v. Marbut-Williams Lumber Co.

“Before a materialman’s lien for materials furnished to a contractor to improve the real estate of another can be foreclosed, there must be a judgment for the price of such materials in his favor, against the contractor, or the contractor must be sued concurrently with the owner of-the property improved, in the foreclosure proceedings.” Pike Lumber Co. v. Mitchell, 132 Ga. 675, 676 (64 S. E. 998, 26 L. R. A. (N. S.) 409). The materialman in the instant case adopted the “concurrent” proceeding. The petition was filed on November 14, 1921, and alleged, among other things, that it was brought…