Mullinaux v. Gilreath

1. The allegations of the petition wherein it was sought to foreclose a materialman’s lien—to the effect, that the owners of described realty employed a contractor to build a house thereon, that plaintiff furnished the contractor material for the building of the house, that within three months after the material was furnished plaintiff claimed a lien on the realty which lien was duly recorded, that plaintiff’s demand for payment was refused, and that plaintiff commenced the action within the time required by law—were sufficient as against general demurrer to set forth a cause of action, where…