Night Owl Security, Inc. v. Westchester Homes of Virginia, Inc.

By Judge Thomas D. Horne

This case is before the Court on the demurrer to the Bill to Enforce a Mechanic’s Lien. In the instant case, defendants contend that the memorandum of lien is invalid by reason of its failure to show that the affiant was an agent of the corporate claimant. The memorandum of lien recites that the claimant is Night Owl Security, Inc. It is signed “Night Owl Security, Inc./ by: Louise Clark.”

Nowhere in the memorandum, including the jurat, is Louise Clark identified as an agent of the corporation or as an individual having the capacity to execute the affidavit on behalf of…