Poynter v. Fargo

— Respondent sued to foreclose a material-man’s and mechanic’s lien under C. S., chap. 267 (secs. 7339-7382). Appellant denied that White, who contracted for the labor and materials, was the owner of the lots sought to be subjected to the lien; urged that he (appellant) had two mortgages on the premises to which the claimed liens were inferior and that no such lien for sewer construction is authorized under our statute.

As to the latter point first, a liberal construction of C. S., sees. 7339 and 7343 (Phillips v. Salmon River Min. Co., 9 Ida. 149, 72 Pac. 886; Armitage v. Bernheim, 32 Ida.…