Burks v. Sims

Paul Ward, Associate Justice.

The issue presented by this appeal is whether the materialmen’s suit to preserve the statutory lien was commenced within 90 days after the last item was furnished.

Appellant, Cecil Burks, furnished material for the construction of a building in Pulaski County belonging to appellees, Mr. and Mrs. P. W. Sims, the building contractor being Walter James Wyma. The last material item was furnished by appellant on November 2, 1957.

Ark. Stats. Section 51-601 created the lien in favor of appellant. Under Section 51-608 he could have given 10 days notice to the Simses, or…